Divorce advice

5 years ago

I am 25 year old now. I have married in December 2015 at age of 22. That time my husband age is 29. After one year due to mentally torture from my mother in law and sister in law we get separated since 1 year. Then also I want to live in my in laws home with my husband and their family but husband has not ready yet. He want to divorce from me. In May 2018 he complained against me in commissior office and said that to live together again. I got ready but in Aug 2018 after 4 months he again want to take divorce from me. He cheats me till her sisters marriage complete. He wants to take mutual divorce and I dont. What should I do? Should I give mutual divorce or should I complained by domestic violence?

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ROBERT D ROZARIO

Responded 5 years ago

A.If you complaint under DV, he will file a divorce petition on the ground of cruelty. If that happens you have to contest the matter so that doesn't get divorce and at the same time you will have to press your maintenance application. In this situation, it's better to go for MCD. Take a lump sum amount for settlement. Get the settlement deed drafted from a lawyer. And thereafter file a MCD. (on the date of signing the Settlement Deed you ask him to 20%-25% and the rest of the balance after the second motion). With the lump sum amount you can to some extend secure your future.

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Prabhakara S K Shetty

Responded 5 years ago

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A.What for you are asking advice? If filing DV case against him is going to fix your troubled married life, go ahead.

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Ashish K Dongre

Responded 5 years ago

A.Its up to you what you want, whether you want divorce or not is your decision.

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Pooja Kamble

Replied 5 years ago

Yes I have to take divorce but by whitch way, mutual divorce or DV file?

Ravi Bhushan Pd Sinha

Responded 5 years ago

A.If you are not interested in taking divorce, simply refuse it.You can file case under Domestic Violence Act and under sec 498 a of the I P C against your husband and his family members. You can also claim maintenance against your husband by filing maintenance case .The court certainly grant maintenance to you.

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Pooja Kamble

Replied 5 years ago

If I am educated and independent, should I allow to claim for maintenance? Is there any affect on maintenance or alimony

Ravi Bhushan Pd Sinha

Replied 5 years ago

Yes,you can claim maintenance against your husband .The court will after considering rival submissions most probably allow your claim for maintenance.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Yes you can complaint under DV case against your husband. But If you don't want to give divorce then you can approach to court for consultation and fight the case.

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Pooja Kamble

Replied 5 years ago

We have already done the couseling session. At the end of the day of couseling he requested for mutual divorce surprisely.

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