• Divorce

Hello,
I got married in aug'12, after few mnths my husband left his job, and v started facing financial problem. i started working bt i dont earn sufficient money where i can fullfill family needed. Since that time he was forcing me to get good job which w.ill pay me high salary, from that time qurrals are started. from 6month im nt staying with me. He dosent want me to give divorce. With great difficulty my parents fullfilled there demands while marrage and after marrage also.
Please help me, how can get divorce from him and how can i get back my jewellery and money spend on my marrage.
Asked 3 years ago in Family Law from Nasik, Maharashtra
Religion: Hindu
u both of u can file mutual divorce application and after 6 months the divorce will be granted by court, since u r saying that he is in financial problem then how can u expect money from him, at the most u can take back ur jewellary and other articles given at the time of marriage
or in the alternative
u can file maintenance case against him and a contested divorce case
choice is urs
kisen agarwal
kolkata advocate
Kisen Kumar Agarwal
Advocate, Kolkata
10 Answers
2 Consultations
Not rated
You can lodge a diary to the  Police and file a Criminal Case u/sec.156(3) Cr.P.C. charge with sec.498a and 406 IPC in Judicial Magistrate Court for return back your "Stridhan" articles.If you do not have  independent income then you can also file a case u/sec.125 Cr.P.C. for your maintenance.For divorce you can file a Divorce Suit  on contest in Family or District Court with an application for alimony pen dente-lite in the same court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
since he is not interested in giving divorce you have no option but to contest divorce under section 13(1)(ia) of Hindu Marriage Act .For your jewellery and other articles you will have to file complaint under section 498A and 406 of IPC in women cell to get back your jewellery item  and more over they can  also help you in getting mutual divorce as you are not interested in living with him and there is seperation of one year also which is necessary for getting divorce on mutual basis that is under 13b of HMAct.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you have stated that your husband does not want to give you divorce . you have been staying separately as your husband was not working . it makes no sense in staying with a husband who refuses to work to support his family . file for divorce under section 13(1)  (a) of HMA . 

for return of your streedhan you can file complaint under section 498A of IPC with local police station . . if you are able to reach an amicable settlement your existing divorce petition can be converted into divorce by mutual consent . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, if he does not willing to get divorce you can filed a divorce case against your husband as suggested by learned friend but one thing you can also file a petition for maintenance under section 125 of the Code of Criminal Procedure for maintenance as it is the duty of the husband to maintain his wife and you can also file maintenance application in the case of divorce also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,

Is ur husband fully Unemployed? I mean to say he not earning at all or he is not earning a sufficient amt?  I m of the view that if he is earning less u both can together work hard and run the house. 

However if he is a lazy brat and just want to enjoy ur earning,  I totally agree with other advocates reply. U can file u/s 125 for Maintanence and u/s 498 a to obtain ur Jewellery.  But then again what amt will he give when he himself is unemployed? 

Also if it's possible to settle amicably, go for mutual divorce to avoid other legal hassles.
Jagruti Vora
Advocate, Mumbai
9 Answers
10 Consultations
5.0 on 5.0
Dear Querist
if there is no chance for save this marriage then you can file a criminal case for dowry demand and return the stridhan against them u/s 498A/406 of IPC.
also file a domestic violence case against him.
contact a lawyer, it will be better.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. If you foresee no hope of survival of your marriage then apply for divorce on the ground of spousal cruelty. 

2. You may also apply for maintenance to support yourself financially. It is his duty as a husband to lend financial support to you. 

3. In order to recover your streedhan and amount spent on marriage you may file a case for breach of trust against him.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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