Divorce procedures to be known
3 years ago
I am married for a period of 3 months and my husband is giving me unbearable mental harrassment by using bad language and insulting me is there any way to resolve the case legally
A.You can learn about all the divorce procedure at these vidhikarya blogs
/legal-blog/guide-to-divorce-laws-in-india
/legal-blog/how-to-get-divorce-in-india
/legal-blog/guide-to-divorce-laws-in-india
/legal-blog/how-to-get-divorce-in-india
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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 duration is only three months, resultantly, MCD cannot be filed. it can be filed after a separation of one year, however, you can settle and stay apart till then)
don't forget to draft an MOU before approaching #Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce #future legal complications,
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,
don't forget to draft an MOU before approaching #Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce #future legal complications,
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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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Dear Mam,
If you want to continue living with your partner, then my advise is to resolve this dispute amicably. You can go for mediation proceeding. You can also file a suit for divorce and judicial separation on the ground of cruelty under Section 13(i)(a) of HMA.
If you find this helpful, please rate my answer.
If you want to continue living with your partner, then my advise is to resolve this dispute amicably. You can go for mediation proceeding. You can also file a suit for divorce and judicial separation on the ground of cruelty under Section 13(i)(a) of HMA.
If you find this helpful, please rate my answer.
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A.Dear Mam
You file a petition for seeking divorce or judicial separation on the ground of cruelty and mental harassment as mentioned in section 13(i)(a) of HMA. You can also resolve your dispute through mediation. The Mediator will advice you and your husband to solve your dispute without proceeding to divorce or judicial separation.
If you find this helpful, please rate my answer. Thank You
You file a petition for seeking divorce or judicial separation on the ground of cruelty and mental harassment as mentioned in section 13(i)(a) of HMA. You can also resolve your dispute through mediation. The Mediator will advice you and your husband to solve your dispute without proceeding to divorce or judicial separation.
If you find this helpful, please rate my answer. Thank You
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A.Dear Madam,
You may file DV case.
You may file DV case.
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Vaidehi Samant
Responded 3 years ago
A.You are suggested to obtain divorce by mutual consent as it would consume less time if things fall right in place but for this you and your husband will have agree to each other's terms. Otherwise you will have to file a contested divorce petition but please note that in this case litigation may go for around 2 years or more. If you need appropriate directions or counseling I can help you out hence if required you may get back to me through Vidhikarya. Thank you.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.As per law, divorce (contested or mutual) can not be filed in first year.
There are exemption to this limit but it is rare.
If you both agree for divorce then Mutual divorce is best, fast and cheap.
If you both agree for divorce and dont want to wait 1 year then there is a way possible.
You can live separately and file divorce after 9 months.
You can file police complaint on him to behave properly.
You can even file FIR on him.
There are exemption to this limit but it is rare.
If you both agree for divorce then Mutual divorce is best, fast and cheap.
If you both agree for divorce and dont want to wait 1 year then there is a way possible.
You can live separately and file divorce after 9 months.
You can file police complaint on him to behave properly.
You can even file FIR on him.
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BANDARU RAJYA LAKSHMI
Responded 3 years ago
A.Dear client,
You can give a report in a police station against your husband under Domestic Violence Act. Now you cannot file divorce petition against your husband in family court. You can file divorce petition after 1year of your marriage.
You can give a report in a police station against your husband under Domestic Violence Act. Now you cannot file divorce petition against your husband in family court. You can file divorce petition after 1year of your marriage.
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Tanmoy Chattopadhyay
Responded 3 years ago
A.There are few on which you can consult me and I can take you through them depending on what future course of action you want to take.
#Divorce
#freeLegalAdviceOnDivorce
#Divorce
#freeLegalAdviceOnDivorce
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Pardeep Kumar Dhiman Dhiman
Responded 3 years ago
A.आप अदालत मे अपने ससुराल व अपने पति के खिलाफ दहेज उत्पीड़न का केस अन्तर्गत 498a जाब्ता फौजदारी ओर घरेलू हिंसा का वाद दाखिल कर सकते हो।ओर भरण पोषण का वाद भी दाखिल कर सकते हो।
यदि सलाह सहयता करती हैं तो रेस्पोंस जरुर करे
यदि सलाह सहयता करती हैं तो रेस्पोंस जरुर करे
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Nishant Singh
Responded 3 years ago
A.Hello ma'am,
Yes, you can file cases against your husband but before filing any legal action you should try to resolve the disputes/issue's amicably or you can take help of other family members, friends or well wishers, if possible.
and if your husband is not ready to resolve the issues or no change in behavior of your husband, first try for divorce through mutual consent so that you can save the precious time and money. In this regard you can take help of Mediation and conciliation centers, situated at your nearest court premises under the guidance of trained mediators.
and if first option is failed, then explore all the option you have like Complaint u/s 12 of protection of women from Domestic Violence Act, 2005, Police Complaint in respect of Harassment or cruelty, Maintenance u/s 125 of CrPC. But all these proceedings are time taking proceeding and after 1 year of separation from your husband you can file the divorce proceeding under section 13 (a) of HMA or you can file divorce proceeding with waiver application of this statutory period of 1 year.
Mutual consent divorce is always better option to save the precious time and future of the parties.
Thanks with regards
Nishant Singh (Adv)
Yes, you can file cases against your husband but before filing any legal action you should try to resolve the disputes/issue's amicably or you can take help of other family members, friends or well wishers, if possible.
and if your husband is not ready to resolve the issues or no change in behavior of your husband, first try for divorce through mutual consent so that you can save the precious time and money. In this regard you can take help of Mediation and conciliation centers, situated at your nearest court premises under the guidance of trained mediators.
and if first option is failed, then explore all the option you have like Complaint u/s 12 of protection of women from Domestic Violence Act, 2005, Police Complaint in respect of Harassment or cruelty, Maintenance u/s 125 of CrPC. But all these proceedings are time taking proceeding and after 1 year of separation from your husband you can file the divorce proceeding under section 13 (a) of HMA or you can file divorce proceeding with waiver application of this statutory period of 1 year.
Mutual consent divorce is always better option to save the precious time and future of the parties.
Thanks with regards
Nishant Singh (Adv)
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