A divorce case can be filled only after period of one year has elapsed from date of marriage, in some exceptional circumstances (like cruelty) you can file for divorce within period of one year from marriage. You will file case under section 498A of Indian Penal Code stating continuous acts of cruelty from your husband. File the divorce case and seek return of your stri-dhan, protection order and compensation for mental torture undergone by you. To get back your stri-dhan you are required to file a criminal complaint for dowry harassment and return of stri-dhan against your husband. Hire a good lawyer he will help you in filling your case.
Documents required to file a divorce:-
1. Address proof of husband
2. Address proof of wife
3. Marriage certificate
4. Four passport size photographs of marriage of husband and wife
5. Evidence proving spouses are living separately since more than a year
6. Evidence relating to the failed attempts of reconciliation
7. Income tax statements for the last 2-3 years
8. Details of profession and present remuneration
9. Information relating to family background
10. Details of properties and other assets owned by the petitioner along with the above mentioned documents you need to provide your lawyer with a detailed account of your marriage that includes how and when you got married and what went wrong leading to the breakdown of the marital bond.
The more honest you are in your account the easier it will be for the lawyer to file a strong petition for a contested divorce. The lawyer will also tell you what kind of evidence he needs (eg. hospital reports or bills if you are a victim/survivor of domestic violence, voice recordings for dowry threats, etc.) to make the petition stronger in essence.
Shortly after, the court will send a notice and a copy of your petition by registered post to your spouse asking him to appear in the court on a specified date. Time duration for obtaining divorce varies from case to case & place to place. Therefore, the time period for all contested divorce proceedings depends on the circumstances unique to that case.
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over 4 years ago