• legal issues if i live separate from my husband

i recently got married ( arranged marriage in nov 2013). my husband used to doubt me, scold me and talk ill of me before marriage. i had called off the engagement once. but we and the families met and it was decided to go ahead with marriage, although with a heavy heart from both the sides. he has continued treating me bad even after marriage. i cannot remember even a single day since engagement when i was happy and had peace. last week there was a fight between us when i called my friend at 10:30 pm when i was not able to sleep and my husband had slept. i booked tickets and came to my parent's home. we (parents and myself) have concluded that living with him is a life long tension. i am seeking job elsewhere. i want to know what are the legal aspects of this step of mine. should i tell him frankly what's on my mind ?or tell him that i'm going home to live with my parents and from there ,without telling him, take up job wherever i get? i do not know what step he himself and his family will take...
Asked 2 years ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu
Hi, in your case you have to wait at least one year to file divorce case and if both are willing then after one year file a divorce petition by mutual consent from your narration it is not possible you to live with him it is better get a divorce under mutual consent.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
it is better you visit a marriage counsellor . you have been married only for 5 months . all marriages face teething problems . talk to your husband and try to save your marriage . if situation does not improve then file for divorce after November 2014 .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
go for mutual divorce after completion of one year
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
that you have to decide
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in other words you husband wants marriage to work but has ego problems . search for job in same city . insist that if you have to make marriage work both should visit a marriage counsellor .
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
try to solve your issues amicably if it does not work at all go for mutual consent divorce after one year of marriage
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
You cannot file divorce unless your marriage is a year old. Since your marriage is not a year old yet it would be wise for you and your husband to utilise this interregnum period by visiting a marriage counsellor to iron out the differences. If differences cannot be reconciled then you may apply for divorce unilaterally after the date on which your marriage completes a year.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You may take up a job anywhere you desire. No legal consequences flow out of it.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Try to save the marriage and if need be both you & your husband meet the counsellor.  You are free to take up a job elsewhere.  If you think that your marriage is not working, go for divorce after 1 year of your marriage.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0

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