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Last Updated On 16-Jun-2019
Divorce

Advice on separation,divorce and rights of a wife

I got married on 25th June 2018.After our honeymoon I resumed office at bbsr and he was in Kolkata. I visited him at Kolkata and my in-laws at balasore every month.My in-laws kept comparing me with girls whose proposal they had got and kept expressing disappointment with my salary and looks.My husband too always criticized me for my looks,mannerism and never bothered about my safety and security and never even thought of receiving me at station or inquire if I got cab to commute.His family always asked me to compromise and never tried to show him his fault or advice to adjust. In my pregnancy too he was always worried about his diet,cleanliness of house. I had complications in my pregnancy and he even after knowing all complained to my father that I am not able to do housework and he is not happy.He didn't even show any interest to see the doctor or ask for any advice.I am separated from my husband for past two months and he doesn't want to reconcile and asking me to file for separation.I want to know if what are the law for divorce and separation in India.As wife what are my rights.If either parties do not file for divorce and are separated for around two years will the court consider the marriage dissolved.without filing for divorce can then either party remarry?

( Bhubaneswar, Orissa )

15-Jun-2019

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A.
if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
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,
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical abuse, etc)
Domestic Violence case (for causing mental, emotional, physical abuse, etc) you have rights to claim residence, protection, compensation, etc
also, file maintenance, (you are working but can claim for the upcoming child)
if you do not want to opt the divorce presently, you can ask for judicial separation also,

if both parties are living separately for two years, marriage is not dissolved,
Call/mail for a detailed discussion/understanding
Posted On 16-Jun-2019
Vidhikarya
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A.
Dear Sir,
If any body marries without divorce then the following law applies:
====================================================
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Posted On 15-Jun-2019
Kishan Dutt Kalaskar
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If both are agree to divorce then you can file divorce by mutual consent you will get divorce in just six months. Or u can file maintenance petition for you
Posted On 15-Jun-2019
Vidhikarya
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