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Divorce

(Querist) 03 October 2017 This query is : Resolved 
Sir/mam i am separed from my husband since 5 years. he used to bit me even my inlaws laid hands on me because of dowry. I have a daughter of 5 years.she is with me. my husband do not take care of us.now i am informed over phone by my husband that he wants divorce since he is having affair with someone. I dont know where he is working at present and where he is staying. I informed others of my husbands family. when they spoke to him. he said that i have not done good and he will take revenge. now i dont want to give him divorce.but he says that since we are separed since 5 years he will very easily get divorce. plz inform
Vijay Raj Mahajan (Expert) 03 October 2017
You should defend the divorce case filled by you husband as he has ignored and deserted both you and your daughter.
He should be asked to provide maintenance for both you and your daughter.
If he ask for divorce by mutual consent ask for permanent alimony big enough as you have big responsibility of your daughter that he's ignoring and long life for her study and till time of her marriage.
You should also seek place of residence at his cost for both of you.
Unless you make financial demands he'll take easy and continue his attitude of ignoring you both.
Collect evidence of his illicit relationships that will help you to prevent his getting decree of divorce.
Guest (Expert) 03 October 2017
If he files a suit for divorce on the grounds of not living together for 5 years you Advocate could easily defend you stating that he had only chased you out and because of the love and affection you had for him you had not filed any complaint/suit for it.You could also file a suit for Maintenance for yourself and the child.Discuss with Local Advocate Or Women's Legal Aid Forums available in the concerned Court.
Kumar Doab (Expert) 03 October 2017
You can visit Women Cell, Secretary DSLA anytime and be properly informed.
Kumar Doab (Expert) 03 October 2017

Record all threats.
Generate all evidences of illicit relationships.
Your spouse does not listen to his family also, as per your post.
Visit relatives from both sides and let them make your spouse come and sit and listen to all and let an attempt to save the marriage be made.
If all efforts fail then based on irrefutable record you may proceed under expert advice of your very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record provided by free legal Aid or engaged by you.

Debarati (Querist) 03 October 2017
Thank you for your valuable response. But sir/mam is it easy to get divorce on the ground of separation for 5 years. I consulted a local lawyer he said its not easy. But at my present situation its very difficult to believe anybody. plz sujest and moreover i dont know where he is working and where he is staying, then how will i demand maintainence. he said he is earning 5000 per month but i know he is earning at least 60k to 65k per month, as he switched an mnc where he was earning 45k to 50k. plz help
Guest (Expert) 03 October 2017
Just file a missing complaint with Police and obtain FIR and with the Consent of Police Publish an Missing advt in Local Good News Paper with the help of local advocate.He would knock your doors.
Rajendra K Goyal (Expert) 03 October 2017
Agree with the expert Vijay Raj Mahajan.


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