Staying away from husband from last 1 year Staying away from husband from last 1 year

2 months ago

I was married in 2019 while I was pursuing my final year of btech. I have completed my undergraduation after marriage. On dec 25th 2022 my husband had an brain stroke and his left hand and leg were paralyzed. He was admitted in hospital for 15 days. During this period my in laws were no support for me except for financial things. My father in law is an state government employee. I have only my parents by my side for that 15 days, In-laws used to visit their son once in a day. After discharge of my husband we all came home and on 4th day after coming home at night we had small fight in our house. All relatives who came to visit my husband were also there at that time . During that fight my In-laws thrown Me out of their home with my parents at 10:30pm . Initially I was also angry and came out sat in our car discussed and I went back into the house as I don't want to leave my husband at that situation. My parents went home at that night after sending me back. They tried many treatments for 2months and no improvement of health was seen. My father requested my In-laws to give him a chance to give better treatment as my father friend was a acupuncture therapist and he cured many people who was in severe conditions compared to my husband. After that fight I became alone in that house ,I have not support from that family except financial support. I was tired and my health started to damage. Just before my husband's incident I had an ivf failure and had miscarriage at 2nd month. After having so many fights I brought my husband to my parents home and father started to take him to the doctor and luckily the treatment has worked so much that he started to walk all by himself just by taking a little support from me . At that stage of recovering they have taken him back saying that they will send him again. I don't know what they have said to my husband after going back he was like I don't want to come and I don't want to take that treatment and stuff. Ok I waited for so long waiting that my inlaws will call me ask me to come home but I haven't received call from them since last 1 year. I have waited for so many days expecting call from them but nothing happened

So I started thinking about getting settled down and be independent and I don't want to be burden to my parents. I called them one day and asked them to give back my belongings, gold and all which my father have given me at the time of my wedding. They said they won't give me anything.

Anyway I want to study further and get settled to I thought of going abroad for masters.
Which step should I take next ? Can I go with taking divorce? Or can I file for divorce before going and hand over to my parents for further proceedings?
Please suggest me what can I do ?
He was fine now regarding health ,he was out of danger and recovering.

I was 24 and he was 34. I have done everything including changing diapers, feeding food, and everything. Till today I haven't received any call from them .

Anik

Responded 2 months ago

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A.Dear Client,

Disputes between married couples can be resolved either through mutual understanding outside of court or through court intervention. In cases where the relationship becomes irretrievable, opting for a mutual divorce with understanding is a recommended approach, often requiring a court order. Resolution through an ethics counselor or matrimonial expert is also an option.

If no amicable resolution is possible, and the relationship is toxic, either spouse can seek divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, based on grounds of cruelty. The petitioner must prove that continuing the marriage is detrimental to their mental and physical health. In situations where mutual divorce or cohabitation is not possible, filing a contested divorce petition before the District Court is an option, but it involves various challenges.

It is advisable to consult with an expert divorce lawyer before filing a contested divorce petition due to the complexities involved. In the given situation, obtaining a decree of divorce first is recommended, as the petitioner often needs to be present during divorce proceedings for various purposes. Moving abroad for a career before obtaining a divorce decree may adversely affect both the case and career, and the marital status would remain unchanged, limiting the scope of remarriage.
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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. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. 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. . 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. As regards your next step in the given situation, it is advisable to get the decree of divorce first, because a petitioner in a divorce case is required to be present often in the course of divorce proceedings for different purposes. So, filing a divorce petition if you move abroad for your career, that step may affect both your case and career adversely. Moreover, in the absence of a decree of divorce, your marital status remained the same blocking your scope of remarriage.
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Vidhi Samaadhaan Vidhi Samaadhaan

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