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how to file for contested divorce


13-Feb-2023 (In Divorce Law)
my name is yogesh raval, i am brahmin, hindu, 1) please tell me how i get divorced with her, because she cant give me divorce because she want to i m live alone & without divorced i m not marry with another women, i have no affairs but his parents & she blame me & my family we r not good peoples, we have 2 childrens 9 years old girl & 6 years old boy, i m not clarify all things in here but i tell u shortly so please suggest me good lawyer & right advice for my future if u have any query please call me.
Answers (11)

Answer #1
804 votes
You can file for one sided divorce on grounds of cruelty, if she is not agreeable to divorce Along with divorce you can ask for custody or access to children. Advisable to have detailed discussion with an advocate to plan the best way to move forward after hearing your facts in detail.

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Answer #2
846 votes
Dear Yogesh ,I can understand your feelings,in todays market divorce is very simple instrument,but before taking this instrument into our hands ,you have to consider about your sweet children ,both elder parents ,please take counseling then take next stage
Answer #3
989 votes
You can file a Divorce Petition as per Hindu Marriage Act for Cruelty under section 13(1)(ia). You can give legal notice for divorce on ground of cruelty. For further any more query call me on mobile.
Answer #4
753 votes
पहली बात तो यह कि यदि आपके विवाह को मात्र 6 माह ही हुए हैं तो सम्भवतः कोई भी न्यायालय आपको तलाक नहीं देगा ।
दूसरी बात यह कि यदि आप "क्रूरता" के आधार पर तलाक लेना चाहते हैं तो आपके पास आपकी पत्नी के द्वारा की जा रही "क्रूरता" के पुख्ता सबूत होना चाहिए जोकि आप न्यायालय में सिद्ध कर सकें ।
तीसरी बात यह कि बेहतर होगा कि आप इस संबंध में कोई भी कदम शादी के 1 वर्ष पूरा होने के पश्चात उठायें ।
Answer #5
624 votes
Please take steps carefully. You have not explained why you want to take divorce and whether your wife wants to take divorce or not? If yes then there would be no problem, else there will be need of a divorce case and for that you need specific reasons for successfully taking a divorce. You need a good lawyer plus be ready to handle pressure of a court case. But dn't scummed to unnecessary pressure from in laws.
Answer #6
649 votes
Dear Concerned,

You would not be able to file a contested divorce unless you want Nullity of marriage - as minimum one year period is needed to file a divorce under any ground under cruelty.

Best of luck
Answer #7
728 votes
You can not file divorce before completion of one year of marriage However, youhave other legal ways to get out of this relationship. You must contact a family case expert lawyer for the same with all your facts.
Answer #8
660 votes
Dear Sir, You and your wife jointly file a divorce application in the court under section 13B Hindu Marriage Act, and appear in the court, court recorded yours statements and date given for final hearing after some months and then pass final order of divorce. You are not file separate divorce application in the court, it is not best for you.
Answer #9
937 votes
यदि आपकी पत्नी सहमति से तलाक के लिए तैयार नहीं है, तो आप संबंधित परिवार न्यायालय में पत्नी से तलाक के लिए याचिका प्रस्तुत कर सकते हैं, जहां न्यायालय दोनों पक्षों को सुनने के पश्चात यह निर्णय देगा कि आप तलाक के हकदार हैं या नहीं।
Answer #10
958 votes
Hello, in matrimonial cases most of them goes for one sided cases with sever kind of aligation, if you think your wife will be agree on mutual divorce, it's very rare that divorce happens mutually, if you want go with litigation, always keep in mind that you should have evidence of all your allegations.
Answer #11
694 votes
There are several grounds for divorce according to community you belong. For example a hindu can file a suit for divorce under section 13 of hindu marriage act . There are several grounds given there for filing a divorce petition. Go and concern an advocate in your circle for more information.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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