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Please help (Engineer)     18 June 2014

Need help

Hello ,

I want to get divorce from my husband. I am not able to tolerate his cruelty .

But i cant leave my 3 year old son to him , he is not allowing me to take my son, because of that i am not able to leave the house. Can i file divorce living in same house? If yes , will it make my case weak ?

What step i should take ? please advice.



Learning

 8 Replies

Jeyashri R (Software Engineer)     18 June 2014

Hi, Divorce is not a "First solution"  for anything. First what type of problem made by your husband ? You have 3 years old son. He does not know anything about your problem. Now you fully think about your son only. right ?. So you try to solve this problem except divorce. If not, apply divorce.

Please help (Engineer)     18 June 2014

i am taking these decision because of my son only. I am tolerating from last one year.

And everyday fight in home. And i don't want my son to see all these.

Please advice

Yuvraaj_Sad (Networking)     18 June 2014

Good suggestion by Jeyashri. Everyone goes by this situation just wait for the time if its not in handle situation they think about divorce.

Sayak Mitra (Associate Advocate)     18 June 2014

Hello,

Assuming that your marriage was solemnized and registered under the Hindu Marriage Act, 1955 you can definitely apply for divorce even if you are living under the same roof as your husband. My advice would be to first try for a mutual divorce under Secion 13B of the Hindu Marriage Act, 1955. If your husband refuses a mutual divorce you can still go ahead and file for divorce on grounds of cruelty under Section 13(i)(ia) of the Hindu Marriage Act, 1955.

Regards

Sayak

Please help (Engineer)     18 June 2014

Hi Sayak,

I tried my best for mutual but he is not ready , because of society. I have to file divorce.

in that case how about child ? Do i need to file custody ?

shrikant (director)     18 June 2014

Dear All Experts,

We have purchased a piece of land  having Plot A and Plot B  in my wifes name and friends name and have done sathe karar and notorised the same in the year 2002, since my friend does not want the plot B, i have bought the same by paying him suitable compensation and made sathe Karar and notorised it in the year 2011. Now i want to register  plot A in my wifes name and Plot B in my name, by legal procedure, landlord  is ready  for registration.

What is the procedure to be followed for registration?  How can i save on Stamp duty and registration charges  Please suggest and guide. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

U have to file a complaint u/s 12 of DV Act, thereby u can claim the relief against cruelty & custody of child. Best thing is that your child is of 3 yrs and custody of children below 5 yrs goes to mother.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

U have to file a complaint u/s 12 of DV Act, thereby u can claim the relief against cruelty & custody of child. Best thing is that your child is of 3 yrs and custody of children below 5 yrs goes to mother. For more details u can contact me at 9871158578


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