Divorce
4 years ago
My husband did bad chats with some girls. Now we are apart... Since 6 months... He has not filed for divorce? I have also not filed? What should i do? I am Hindu..
A.Dear Sir,
Go for mutual divorce with alimony or bring forcible circumstances on your husband to return back to the house or go for divorce.
Thanks.
Go for mutual divorce with alimony or bring forcible circumstances on your husband to return back to the house or go for divorce.
Thanks.
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Renuka Damani
Responded 4 years ago
A.Hello mam,
Firstly, If you can forgive your husband and there is any possibility of living together that is the best thing which can happen.
Secondly, if there is no possibility of such things, you can take divorce. Here two things you have to understand
1. Do your husband want to give you the divorce or no? Because if he also wanted to do so, you both together can file a mutual divorce petition after living separately for one year.
2. If your husband is not ready to give divorce then, you should be able to prove the allegations against him with help of some documents, photos, videos, email or any chat with that women. Only bad chatting with women cannot be a ground for divorce you have to prove mental cruelty against happened to you.
Firstly, If you can forgive your husband and there is any possibility of living together that is the best thing which can happen.
Secondly, if there is no possibility of such things, you can take divorce. Here two things you have to understand
1. Do your husband want to give you the divorce or no? Because if he also wanted to do so, you both together can file a mutual divorce petition after living separately for one year.
2. If your husband is not ready to give divorce then, you should be able to prove the allegations against him with help of some documents, photos, videos, email or any chat with that women. Only bad chatting with women cannot be a ground for divorce you have to prove mental cruelty against happened to you.
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Suneel Moudgil
Responded 4 years ago
A.if you want to remain in the matrimonial relationship, 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,
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 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 (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
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,
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 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 (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
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Rajeev Srivastava
Responded 4 years ago
A.Dear client, first of all you should make up your own mind and decide what you want . Either live with your husband or want to separate from him. When you decide then accordingly act in that direction. If you want to get divorce then it is better way to get divorce on mutual consent basis after the finalised all the terms and conditions of the divorce with your husband. If your husband is not ready to go for divorce on mutual consent basis then you can file petition for divorce on grounds mentioned in the section 13 of Hindu Marriage Act. But you have to prove the allegations and grounds of the divorce through strict rules of evidence. So it is better to consult with the proffessional experienced lawyer. You can also contact me without any hesitation through administrator of this website for further information or any other advice
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ARSHAD ALI ZAIDI ADVOCATE
Responded 4 years ago
A.What do you want to divorce or stay with your husband. If you want to get divorced with your husband or you want to file a suit for divorce yourself, both ways can be filed for divorce. Please take PAID phone call with me through VIDHIKARYA and get more legal guidance. Adv. Arshad Ali Zaidi Mobile No. 9719775005.
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Kavery Anand
Responded 4 years ago
A.Dear client u can file divorce on the ground of Adultery
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Rameshwar Dadhe
Responded 4 years ago
A.Before filing divorce petition . Try to solve it amicable then go ahead
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Manjula Shanmugasundaram
Responded 4 years ago
A.If you want divorce, you have to file a petition for divorce. However, going by what little information you have given, it does not look like that. Please give further details.
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