• Moving out of home to initiate separation steps

Hello,

I am a working women and because of certain reasons, would like to go for divorce. Its been 3 yrs to my marriage; having no kids. After having a dicussion with my husband on the situation and on - to go ahead with mutual agreement for divorce, i see that he will take some time to conclude and come back with an agreement on this. So for now, i would like to move out of this house. 
Concern here is, if i move out simply without taking any legal step, i have fear that he might put some wrong alligations against me (like fraud case of running away with jwellory/money etc), so i want to be in safer side and at the same time do not want to put any case against him so that things can be moved simply without any non-sense.
Please suggest me a way around so that i can move out of this house simply BEING IN SAFER SIDE TOO (may be just putting an informative application in mahila thana will work or so?) and over the period of time i am looking forward for his agreement on the same without putting alligations against each other.
Asked 6 days ago in Family Law from Kota, Rajasthan
Religion: Hindu
Yes you may involve the police to arrive to an agreement in this regard to pass the stipulated time to file a petition for the judicial separation and divorce.
You may decide other terms and condition for both the parties to follow.
Vimlesh P Mishra
Advocate, Lucknow
257 Answers

5.0 on 5.0

1) jwellery is your stridhan . you are entitled to leave your matrimonial home with your jwellery , your clothes and other personal articles 

2)send email to husband that it is better we opt for divorce by mutual consent on account of irreconcilable differences 

3) you can also send a letter in local police station in this regard
Ajay Sethi
Advocate, Mumbai
38851 Answers
2179 Consultations

5.0 on 5.0

in your earlier query you have stated that you are working women and want a divorce 

2) in your latest query your gender has changed and it appears that you want a divorce but wife does not want to do so 

3) please note that contested divorce cases take 5 years to be disposed of 

4) mutual consent 6 months 

5) pending divorce wife has right to stay in her matrimonial home 

6) since custody of child is with you not necessary for you to seek child custody . if wife wants child custody she would have to apply to family court in this regard 
Ajay Sethi
Advocate, Mumbai
38851 Answers
2179 Consultations

5.0 on 5.0

In the first thread you say you are  a woman and in the second you are a man. Which one do you want us to respond to?
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

Hello,

You may give an application with regards to this in the nearest police station and then may move out.
Subsequently after moving out you can file a case of divorce and may be after receiving the notice he will come down to settle for mutual divorce.

At this point of time you may convert your divorce case into a contested divorce case and then can separate mutually.

Regards
Anilesh Tewari
Advocate, New Delhi
4764 Answers
62 Consultations

5.0 on 5.0

In this condition you should move a petition before the family court under Section 10 of the Hindu Marriage Act for judicial separation. You should mention in the petition that you would not allege any allegation against the husband because you both are decided to procedure for judicial separation on mutual consent. When your husband  is ready for mutual consent divorce then the family court has power to convert This petition for judicial separation into mutual consent divorce under section 13b of the Hindu Marriage Act. If you move out after filing that petition under section 10 then you husband cannot make any allegation against you because the facts of the case has come under the cognizance of the family court.
Shivendra Pratap Singh
Advocate, Lucknow
4809 Answers
72 Consultations

4.9 on 5.0

Go to the Mahila Thana and move an application saying that owing to the tremendous violence that you are facing at the hands of your husband and in-laws, you are forced to move out of the matrimonial house and reside separately.

This application should serve your purpose.

Take a reeving against this intimation/letter.
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

It has been upheld in a couple of judgements that wife cannot forcefully enter the matrimonial house if divorce petition on the grounds of cruelty are pending against her.

Moreover, the Supreme Court has recently held that 'Courts cannot force the husband to keep his wife', as it asked a man to deposit 10lakh as interim maintenance for his estranged wife and upkeep of their son. Thus, as long as you are supporting/maintaining her to the extent that she is able to manage a separate accommodation for her, you cannot be forced to keep her with you.
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

Move an application under section 26 HMA and seek an order as to status quo, so that during pendency of the divorce case, your custody upon your child is not disturbed.
Vibhanshu Srivastava
Advocate, Bangalore
3022 Answers
17 Consultations

4.9 on 5.0

You have not mentioned an  reason to quit this married life with him.

Presuming it to be due to cruelties, you may file one as a contested divorce if he is agreeing for mutual consent divorce.

Since you do not want to file any criminal case against him, there is no need to approach mahila thana
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

In this case, I am not sure what will be action of local police, I am worried as you know it's india, so easy for girls to create a trap.
Another question I have is about child custody, should I ask for custody first or should wait for my wife to turn up in court regarding this. I want to keep child with me. What is the possibility that i will be able to get child custody?
Just to add, my wife is a house wife, had two divorce before this marriage and due to her nature, even after staying in her parents city, she hardly get any support by her parents.



You do not have to file child custody case since the child is in yor custody alone.

If she is not vacating he house, then the police also cannot help you in this regard

Since the divorce case is going on you may politely inform her that it is not good for her to stay in this house, if she is  not willing to get out of this house, you may vacate the house and look for some other place

T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

You can be separated from him apply for divorce in court and he can not take any hasty steps against you
P V Reddy
Advocate, Hyderabad
273 Answers
1 Consultation

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