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Vilash (NA)     19 December 2012

Husband and in laws denying for the divorce...

Respected Experts...

 

Because of lots of mental and physical harrasement, now finaly I have decided to put the divorce file and also don't want to live with the husband's house.  So please give me the valuable suggestions for the following queries:

1) Can I put the divorce file from my husband's home?? then can I go for rented home?

2) What should i do if husband and in laws deny for the divorce?

3) What should I do if they will harrase me after moving to the rented home?

4) Can I go to the rented place and not informing them about that place? Will they put any police complaint for my search??

5) Without any police case, or any other proof of domestic violance can I put the divorce file??

 

Please provide your valuable guidance as early as possible...



Learning

 5 Replies

Goutam Prasad (Advocate)     19 December 2012

In you have been harassed or being harassed, you can file for divorce from your husband under section 13(i)(a) of HMA making cruelty as ground. This petition you can move even when you reside at your husband's home and even if your husband or in laws is not ready for divorce.

If you want to live seperately at rented home it is your choice, but you can seek protection order under DV Act for living in the room at your matrimoinal house too.

Further if you are unemployed, you may ask for maintenance too.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Vilash (NA)     19 December 2012

Thank you gautam sir...

Sir, actually my parents also forcing me to go in laws house.. they also don't want divorce as such I have two kids one is in 8th std and other is in 5th std.  They are thinking of the kids and hence they also don't support me for the divorce..

So what should I do? I am too much tired because both my parents and in laws all do the "Jaadu Tona" for me.  Lekin muje kuchh nahi huva hai... Aap hi muje batayiga ke ab muje kya karna chahiye??

Sir, Thanks in advance...

Rajeev Misra (Advocate)     19 December 2012

1. Yes, you can put divorce from your husband home. No need to go to rented house if you don't want.

2. you can put divorce U/S 13 (i) HMA 1955 from competent jurisdiction along with maintenance application. court noramally ask you for mediation to settle matter , then you can go for mutual settlement for divorce.

3. They can't harrass you even at rented premises, law have given you provision of protection under Domestic Violence Act. put application in court.

4. My suggestion is to inform them & give appropiate information to your police station.

5.. yes, proof is rare commodity in most of divorce cases as it happens within four walls of house. you may discribe your mental & physical cruality instances.

Regards,

Adv. Rajeev Misra
, Delhi High Court

Vilash (NA)     20 December 2012

Thank you Rajeev Sir for your kind response, Now I will work accordingly for my divorce...

rajiv_lodha (zz)     20 December 2012

Still I advise u that if differences are so much that u have decided to put an end to this relationship, EXPLORE MCD ROUTE


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