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Divorce after separation

(Querist) 14 April 2008 This query is : Resolved 
What are the legal rights for me, a married woman who was left in my father's place by my husband? The separation is for 5 years now. I have a mental illness, which was informed before marriage and a document signing the same by the husband is also available. My husband has never earned during our life together, but now I have heard he is earning his living. It was me with my illness who earned during marriage. When I spoke about divorce with my Psychiatrist lack of conjugal love was the reason he put forward. As I am earning only my basic needs, how or when should I proceed for the divorce? Also my father and brother is well settled and don’t want them to be dragged into this unfortunate incident. Even I have a part of my dowry and my earnings saved when ever possible. I don’t want any money to be paid to my husband to get the divorce. What are my chances to get a divorce?
Kiran Kumar (Expert) 14 April 2008
qutie a sorry state of affairs for u......well as per the latest law yes u can seek divorce from ur husband on the ground of desertion, since the separation period has gone quite a long one, the courts will not object to grant divorce......however i would suggest to talk to ur husband and ask him to file a join petition on the basis of mutual consent........u need not to pay any money to ur husband rather u can ask for permanent alimony and the dowry articles if any lying with him.....
Jithendra.H.J (Expert) 15 April 2008
certainly you can file divorce petition, the law divorce law applicable to you depends on you religion and if it is a intercast marriage the indian divorce law is applicable. as you are earning basic neds the husband can not deny the maintaince to you. there are many judgments regarding this if a women is earning the livelyhood the maintaince cannot be denied. if you are able to file a consent petition(joint petition) you get early disposal. if your husband is agree to give consent you can also file a petition for maintainance under section 125 of Cr.P.C for maintaince, you have dont have to pay the court fee for that, you can file this petition in the magistrate court near to your residence. if your husband is not ready to give consent divorce you file divorce petition making him respondent and in the court you can seek expenditure from your husband as litigatin expenses, for that you have to show that you are not able to spend the litigation expenses.
Manish Singh (Expert) 23 May 2008
SANJAY DIXIT (Expert) 16 June 2008
I agree with the suggestions made by above learned members.

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