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praachi   08 February 2016

how to get divorce

I m married from 4 years and haven't physical relation with husband but he is not impotent nd i am suffering from cruelty domestic violence mentally harrasmnt i want divorce but he is nt ready to give any alimony i havnt take any action but they gave false reports against me what r my rights if i file divorce how can i file divorce Is it true dt i cn claim half of husbands property ? What is d procedure for it?


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 11 Replies

Aashish George (lawyer)     09 February 2016

Well, if you are suffering cruelty then you should file for domestic violence after hiring a good advocate to represent you. You can seek maintenance also from your husband also and he is legally duty bound to do so. You can also file a divorce petition in court if you want to end the relationship. All this will happen with help and proper guidance from a good advocate. Now the flip side 1) not having s*x with your husband has been deemed cruelty by law, when a wife refuses to perform her wifelly duties no court will protect her or help her. 2) if a wife withdraws from the domestic partnership without any reasonal cause in such circumstances she can't ask for aid of law, since has not come to the court with clean hands 3) false complaint filed in order to harass the husband and in laws for any kind of monetary benefit is crime in the eyes of law, so tread carefully. Regards Aashish George

praachi   09 February 2016

My husband havent made any kind of relation with me when i ask him for make relation with me he used to abuse me and beaten me very badly my in laws r also very cruel my fathr in law always demand cash many times i got serious injuries nd he threatns me if i file case or any complaint thn he will harm my family. Few days befre i call police nd womn cell but they didnt help me they hav writtn my complaint nd didnt give me the copy of complaint next day my husbnd beats me nd i gt blood frm my mouth i call wimen wing they we cant help you i cnt understand wts happening may be my inlaws bribe them nd my inlaws hav givn false complaint letter against me now where should i go for help .. in my own city? Now wt r d highr authorities thn polic nd women wing? How to file divorce? Wts d fee of advocate? I read tht court cases r very long nd expensive? If i file case thn cn i mention impotency or not ? Bcz nw its so many years but i m true my husbnd havnt made relation with me How to show our expense on marriage bcz we dont hav d bills of palace ? And also heard tht i ll have to prove d income of husband? How ll i prove? What is d procedure? Nd my husband runs family business which is totally on d name of fathr in law? I find all ths very difficult nd also i heard or read only wife ll get half of his property .? How to claim for it? My mistake is whn i gt injuries tht time i havnt take any action i was only trying to make my marriag success for so many years but tht mistake ruined all now how can i prove my husbnd hvnt made any relation with me? Pls help me

prabhakar advocate (advocate)     09 February 2016

1.  You can file divorce case filing it in the family court where you are living.  You can get free advocate from legal aid.  For that you have to go to court and find the district legal services centre and there you wil get advocate to help you file divorce petition - on the ground of physical and mental cruelty.

2.  As you appear to be unemployed, you can also along with divorce case, file Section 125 cr.p.c. maintenance petition and three or four months after filing this petition, you start to get maintenance. 

3.  Other options like domestic violence are there, but for your condition the above two cases will solve your problem.

4.  You will not be entilted half of your husband's property under any law.  You will be entitled to maintenance.  If you get divorce, then along with divorce, after you file application you will get permanent maintenance as lump sum.

praachi   09 February 2016

I have more queries can u pls provide ur cntact no ?

praachi   09 February 2016

Wt to do about the false complaint which hs been registeres against me .? I called 181 for help but police reported them tht i m saying i was lying nd i dnt want any action but i havent said this

praachi   09 February 2016

Wt to do about the false complaint which hs been registeres against me .? I called 181 for help but police reported them tht i m saying i was lying nd i dnt want any action but i havent said this

praachi   09 February 2016

Wt to do about the false complaint which hs been registeres against me .? I called 181 for help but police reported them tht i m saying i was lying nd i dnt want any action but i havent said this

praachi   09 February 2016

Wt to do about the false complaint which hs been registeres against me .? I called 181 for help but police reported them tht i m saying i was lying nd i dnt want any action but i havent said this

praachi   09 February 2016

Wt to do about the false complaint which hs been registeres against me .? I called 181 for help but police reported them tht i m saying i was lying nd i dnt want any action but i havent said this

praachi   09 February 2016

Before filing divorce i have to register fir or not?

praachi   09 February 2016

After how long i ll get divorced?

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