Divorce Divorce

3 years ago

I had a past relationship with a person . But he was not serious for me so i chose to move on.i didn't tell anything to my husband about this.but he got to know through a past chat that was of 8 months before my marriage. My husband always want me to do what he wants but unfortunately i am an independent i have right to take my own decisions .so he is always insulting me whenever i don't obey him. I always tried for this relationship. But he never understands. Now i am done it has been only 6 months of our relationship but i am.not happy so is it possible to take divorce ? And what about the past relationship ? Will that became a point against me ??

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Madam,
He cannot do anything against you. Because the court never considers the activities before the marriage. It is not a ground for him to abuse and it amounts to cruelty and good ground for divorce for you as continuous torture on suspicion is good and valid ground.
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Rameshwar Dadhe

Responded 3 years ago

A.You can file divorce after completing one year to your marriage. Take divorce with mutual consent you will get it in just six months
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Anish Palkar

Responded 3 years ago

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A.Your past relationship will NOT be a problem to you, don't think of the past & worry ... Move ahead
YES, You can get Divorce.
As per your question it seems that you are the Victim in Bad Marriage & moving ahead with Divorce you need to know the following Legal Compliances & a few things
1) When & Where was the Marriage done?
2) Was it a Love Marriage or Arranged Marriage?
3) If it was Arranged Marriage who had taken the lead of proposal?
4) Have you both tried to solve the questions between yourselves? If Yes, What is the CURRENT position?
5) Do you have any children? If yes, then what about them & their Expenses? Are they ready to come with you?
6) What & where does Your Husband work ?
7) You can get the legal solution & that is separation & Divorce with all the Financial benefits ? Be mentally prepared to live separately as that there is NO other way out as you must have tried all the possible means till Now.
8) 1st Get all his Income papers like IT FILE or Salary Slip & property papers of all Moveable & unmovable property (XEROX) before leaving his house. (Alimony will be calculated based on these papers)
9) Take all the Ornaments & jewellery given by Your parents & Relative given to you during your Marriage & forward them all to your mother House
10) Then seek help from Local Mahila Mandal OR Mahila Aayog (WOMEN COMMISSION) If you know then good, otherwise I can help you with the assistance of Mahila Mandal OR Mahila Aayog
11) If you are unable to resolve the issue then you can file a case of domestic violence and also case under 498 A IPC against your husband and inlaws, you can also get protection, Monthly maintenance if you are NOT working and file petition to attach husband salary and property for you……. further if things are not working you can go for divorce.
12) Discuss it in detail to us & let you know the best possible way.
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Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

you have solid grounds for cruelty. Yes he may use that to avoid various claims.
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Suneel Moudgil

Responded 3 years ago

A.if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since marriage is merely six months old, MCD is not possible, however, you can settle terms and file at a later stage,)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim
498a complaint,
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
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ARSHAD ALI ZAIDI ADVOCATE

Responded 3 years ago

A.Everyone wants that their life partner should follow her with love and trust. If you have any kind of relationship with any person other than your life partner, then obviously it will destroy your marriage life. If you had a relationship with someone before your marriage but not now, then try to convince your life partner and try to save your married life. If you do not have a conversation between the two, then only then you think about divorce. Anyway, to get a divorce, at least both of you have been living separately for almost a year, then you can get it.
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Rajeev Srivastava

Responded 3 years ago

A.Hi, I have seen your query carefully and found that you want to get divorce from your husband who has the knowledge of your past relationship which will not go against you. You have mentioned in your query that your husband several times insulated you and wanted to obey his all'right or wrong decisions. You should first of all file a police complaint against your husband for cruelty and abusing etc and also file a criminal complaint under domestic violence act . Thereafter you can file a petition for divorce on the ground of cruelty. If you want to talk with me or want to discuss further then you can contact me through the administrator of this website
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