My husband is ready to give me divorce My husband is ready to give me divorce

2 months ago

My husband is ready to give me divorce but he is not ready to give us month which he has taken from my family, he is also using our car which is owned by my mother and we gifted him during his financial issues but today when we are asking him to give us down payment and transfer the loan but now he is ignoring my calls and messages. I don't want to file police complaint so any other legal action I can take ?

Anish Palkar

Responded 2 months ago

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A.First take divorce when he is ready to give, the car can be taken back legally from him by your mother, appoint a good lawyer for the same and so that you don't have to file police complaint and the lawyer will make the necessary arrangements.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Any dispute or difference between a married couple either be resolved on mutual understanding out of court or through the intervention of the Court. When the relationship between a married couple becomes toxic and irretrievable, the best way to resolve the crisis is to opt for mutual divorce with mutual understanding to set free each other and that also requires a court order. Sometimes, an ethics counsellor or a matrimonial expert resolves the issues most conveniently and smoothly. You can also take a chance to resolve the crisis. When no other way left to restore the matrimonial relationship or to resolve the dispute between a married couple, either one of them has to opt for recourse of relevant laws that govern the relationship between a married couple. Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The behavior of the other spouse must cause apprehension in the mind of the appellant. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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