Divorce
1 month ago
My husband is initiating a divorce. We have been having issues from the beginning mainly due to my in laws. During my pregnancy days also things got worse. Tried resolving so many times and went with the option of living seperately. My husband first said okay later changed his mind and started getting verbally abusive and when my parents tried resolving. He and his family used derogatory words and insulted my parents. Leaving to have no communication for almost 8 months. Have been staying at mom's place currently. (I'm from Tamilnadu) I run a E business and have been financially taking care of me and my baby.
he has also threatened once with taking away my baby but after birth haven't bothered to check up or shown up for past 1yr.
He's saying he'll file a petition. (Hes is residing in Bangalore. We got married in Tamilnadu)
My question is
1) If he files a petition / case in Bangalore. What will be the procedure to face it ?
Can it be changed to Tamilnadu? As im residing here ?
2) He haven't showed any interest in registering our marriage and from 2nd month of marriage hes been threatening with divorce and with lots of issues unfortunately haven't registered our marriage yet. So will there be any shortcomings because of it ?
3) Since it is of two different states. How will be the divorce registering and process will go ?
And how long will it lasts?
4) by any chance can he take away my baby? She's 1yr old
One can file for divorce even the marriage haven't registered. The taking away of the baby depende on the case and court accordingly will decide the same.
As regards the answer to your query no.1) Ans- According to Clause (ii) of Section 19 of the Hindu Marriage Act, 1955, in a Contested/one-sided Divorce, if a Husband (Petitioner) files a Divorce Petition, then he would be required to file it before a Court where the Wife (Respondent) resides. The same shall apply in the opposite case as well. So, considering the above proposition of law, the husband has to file a divorce petition where the wife presently resides i.e, in Tamilnadu. As regards the answer to query no.2) Ans - As per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the divorce petition can be filed without a marriage being registered as well. Marriage is considered legal even without registration, as long as the couple can prove their marriage through documents such as photographs, wedding invitations, and other relevant evidence. As regards the answer to query no.3) Ans- The entire process of a contested divorce case typically takes 2-3 years for a final decision and in some complex cases even 5 years to bear any fruitful result. As regards the answer to query no.4) Ans - As regards child custody, if the child is below 5 years old, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act.
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