How to initiate divorce proceedings

Question

How to initiate divorce proceedings

15-Jun-2023 (In Divorce Law)

Amar husband amar sathe sobsmy jogra & osanti & mardhor kore.. Tai Ami AMR husband k divorce dite chain.

Answers (101)

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Advocate Kumar Karan LawRato · Accepted Answer · 2017-05-29T21:31:43+05:30

Since you have just married, at this stage, you can't file any divorce petition. At this stage, you can file a petition for a decree of nullity of your marriage. You can file a divorce case after lapse of one year.

Advocate Apoorv Pandey LawRato · Accepted Answer · 2017-05-29T21:41:43+05:30

Firstly I do not recommend getting divorce impulsively. Only if your hardships are terribly irreconcilable, then you should go for Divorce. As you have stated that you have a 6 year daughter, it would be hard on her as well to cope up with life without her mother around. (if you win custody of your child).

But if you have made up your mind about initiating divorce proceeding, I would recommend that you should first try to talk to your wife regarding getting a "divorce by mutual consent" as per S.13B of Hindu Marriage Act. I recommend this kind of divorce as it saves time and a lot of embarrassment that precedes divorce proceedings. In this kind of application a joint application is presented before the Family Court by the Husband and Wife who state their unwillingness to live together. Court after looking into the situations grants a statutory separation period. If both the parties continue to live separately even after that duration then the court calls for final hearing after which divorce is granted. This is comparatively peaceful and recommended way to go about this. You might have to give away some money as a part of this settlement as alimony/maintenance of wife.

Alternatively you can proceed as per S.13(ia) of the Hindu Marriage Act where you can get a decree for divorce on the ground of cruelty by other party. These kind of proceedings take time. Expect this to take years before you could finally get a decree.

It is important to note that wives often resort to S.498A of Indian Penal Code read with S.3 & 4 of Dowry Prohibition Act (Cruelty for Dowry demand) once you file divorce proceedings just to pressurize you. They can simultaneously file for relief under S.17,18,19 & 20 of Protection of Women from Domestic Violence Act 2005. She will also file an application under S.125 of Criminal Procedure Code 1973 for maintenance. In this manner you will have to defend yourself in 4 cases. I would advise you to engage a good attorney if you plan to go down this way. One of the proceedings is criminal in nature and you will have to apply for bail.

Overall I would advise you to approach a good lawyer who expertise in handling 498A and Divorce case. You can discuss with him the gravity of your problems and accordingly apply for divorce. Your petition will be filed before the Family Court situated in the District Court premises.

For any further clarification or advice in Hindi please feel free to contact.

Advocate Aveek Bose LawRato · Accepted Answer · 2017-05-29T21:41:50+05:30

First it is important to know the wntire details of your case to guide you better and correctly, your query is not clear and hard to understand facts.Detailed discussion is necessary to guide you to right path.

Advocate A. D. Vairal LawRato · Accepted Answer · 2017-05-29T21:53:16+05:30

If she is not ready to give divorce to then you have liberty to file divorce petition in court, and submit each and everything which you are suffering from your wife , court will analyse the fact and you will definitely get divorce from your wife.

Advocate Sandeep Naik LawRato · Accepted Answer · 2017-05-29T22:11:04+05:30

आपको तलाक लेने के लिए हिन्दू विवाह अधिनियम की धारा 13 के अंतर्गत परिवार न्यायालय में याचिका लगाना चाहिए।

उक्त धारा 13 के अंतर्गत आप क्रूरता/दुष्टता का आधार आपकी पत्नी के विरुद्ध साबित कर के तलाक ले सकते हैं।

घर छोड़ने के लिये विवश करना, रोज़ लड़ाई कर अशांति फैलाना, बार-बार पुलिस में शिकायत करने की धमकी देना, ये सब क्रूरता/दुष्टता में आता है और तलाक का आधार है, इन आधारों के अलावा आप धारा 13 में उपलब्ध तलाक के अन्य आधार भी ले सकते हैं।

पर, आपको पत्नी को पहले धारा 13B के अंतर्गत आपसी सहमति से तलाक लेने के लिये राज़ी करने हेतु एक लीगल नोटिस भेजना चाहिए, और न मानने की स्थिती में फिर धारा 13 के अंतर्गत तलाक का मुकदमा दायर करना चाहिए।

Advocate Nishant Kumar Sinha LawRato · Accepted Answer · 2017-05-29T23:05:23+05:30

Youbhave to file divorce case within one year of your knowledge that she. Is not fit mentally before family court under section 13 of hindu marraige act stating therin fact that the in laws had suprees the fact

Advocate Yogesh Ray LawRato · Accepted Answer · 2017-05-29T23:17:40+05:30

First you can initiate divorce case only after lapses of one year of your marriage, if one year has passed then you can file but before that may make sure that she may file false case against you and your family, so prepared your mind or if divorce case can be mutually then it is well good

Advocate Md. Malik Uddin LawRato · Accepted Answer · 2017-05-30T00:09:26+05:30

Kolkata will be the right place for filing divorce case if you presently residing in Calcutta and if you reside in chattisgarh then I would suggest you to file case at chattisgarh, and I would also suggest to file alimony and maintenance case simultaneously

Advocate Aasif Razzaque Khan LawRato · Accepted Answer · 2017-05-30T00:23:27+05:30

See dear u were married when u were not an adult, so after you have attained majority u can file a divorce petition within 2 years of attaining age of majority, further you have recordings and other evidence which you must save in the original electric gajet where u recorded it for first time as only that be considered as evidence. So u must immediately file a divorce petition in family court with out wasting time

Advocate Partha Ray LawRato · Accepted Answer · 2017-05-30T13:18:06+05:30

Without going through the details its not possible to give you proper advice.
1. You shall have to be separated at least 1 yr. Otherwise no divorce case can be filed except the exceptions provided by law.

Advocate Manini Jaiswal LawRato · Accepted Answer · 2017-05-30T15:04:57+05:30

a marrriage under the hindu law to a person who is mentally ill is not held to be a valid marriage. Hence you have file a petition in the lower court of your area that your partner is mentally unstable and you want a divorce.

Advocate Abhay Kumar LawRato · Accepted Answer · 2017-05-30T16:27:19+05:30

You can file divorce petition in your concerned family court, you have not stated where the girl is living.
If there is any medical prescription paper by the doctor is available to you it will help you in the case

LawRato LawRato · Accepted Answer · 2017-05-30T16:57:57+05:30

Thanks for writing. Will like to meet your friend and his wife. After meeting both of them I can advise properly. If both agree to a mutual divorce that is the best option. Please feel free to contact me. A face to face meeting can solve your question better.

Advocate Deepak Rathore LawRato · Accepted Answer · 2017-05-30T17:15:11+05:30

Dear client the fastest way to get divorce from your wife is by mutual consent . If she is agree to be separate then you can give her divorce. If you want to get divorce from her you have to come to the court.

Advocate Varun Chaudhary LawRato · Accepted Answer · 2017-05-30T17:16:03+05:30

If you have suitable evidences to file complaint or a divorce case against your wife in a competent court then why are you waiting for. If you are certain about the names of those guys your wife is in contact with them complaint of adultery can be made in concern police station and a case of divorce against your wife may be filed in court to see divorce on Grounds of bad character of your wife. You can meet for detailed discussion as in our office we have been dealing with a few cases of this nature thank you.

Advocate Meenakshi Aggarwal LawRato · Accepted Answer · 2017-05-30T17:38:58+05:30

If you both agree for divorce you can file mutual divorce but for that you have to show one year seperation i.e you both arw living seperatly from past one year. Once divorce is filed with in 6 months you will get divorce. As there are 2 motions in this one is when we will file the case and another aftr 6 months. So in 6 months you will get divorced.

Advocate Murali Mohan Rao LawRato · Accepted Answer · 2017-05-30T17:52:08+05:30

Actually you can't file divorce within one year of marriage. But under some exceptional hardship reason you can file dovorce. No where you did not mentioned actual reason for taking divorce. If you really want to file divorce contact us.

Advocate Vikram Chandra LawRato · Accepted Answer · 2017-05-30T17:55:37+05:30

Yes, You can file the divorce case under the Hindu Marriage Act as the marriage was performed by playing fraud and misleading you regarding the date of birth it amounts to cheating, hence divorce petition can be filed before the family court.

Advocate S P Srivastava LawRato · Accepted Answer · 2017-05-30T18:03:26+05:30

Fastedproceedure is to file MCD it will take two or three dates in 6 months to one year to get divorce decree. MUTUAL CONSENT petition is presented jointly and statement is recorded then sdcond statement is after 6 months. For details and or legal help you may contzct through this site.

Advocate Laksheyender Kumar LawRato · Accepted Answer · 2017-05-30T18:06:16+05:30

In your case we can file divorce petition by mutual consent. This is the only way which is the fastest procedure of being granted divorce. This is the matter of 2 court appearances only that means 2 dates procedure.

Advocate Rajagopalan LawRato · Accepted Answer · 2017-05-30T18:07:52+05:30

Hi
You can file a case for divorce on the grounds of cheating and cruelty.
Since your marriage was solemnized 6 months ago, in order to file a petition for divorce, technically you can file only after a period of 1 year from date of marriage. However we can try to convince the judge under section 14 of Hindu marriage act to admit the petition and grant divorce on or after the completion of 1 year of marriage .

LawRato LawRato · Accepted Answer · 2017-05-30T18:45:39+05:30

Hi!! The same kind of matter i filled last years and now divorce mutual first motion completed, the matter is absolutely same in which that person finds another phone and his wife promised she will not talk to him but again he caught her. in the month of June 2016 we filed the case and in May 2017 we completed our first motion, if you also wants to get details pls call me or meet me.

Advocate Milind Achyut Kale LawRato · Accepted Answer · 2017-05-30T18:46:41+05:30

he will file a case in india and serve a copy of summons to you in usa and you should not present before the court and your boy friend will get a divorce. a divorce to him is a divorce to you also. this would be the fastest mode of getting divorce. in case if you wish further assistance you may contact

Advocate Rohit Shaligram LawRato · Accepted Answer · 2017-05-30T18:48:18+05:30

Hi

If it is not possible for you to be in India then your husband can file petition before the family court for divorce

Wherein it is possible to record your evidence through Skype

In this way you can obtain divorce
Kindly for further details

LawRato LawRato · Accepted Answer · 2017-05-30T19:40:32+05:30

Dear client if u both r ready for divorce then u both can apply for mutual divorce in India. U will get mutual divorce in six months. To take mutual divorce one year separation is compulsory. For any legal help call me

Adv Prasad Patil

Pune

Advocate Sistla Rama Krishna LawRato · Accepted Answer · 2017-05-30T22:31:06+05:30

Dear Client,
You will file petition for divorce at the place where you have been residing. Engage an expert Legal adviser who has been doing practise in family cases. He will guide the grounds on which divorce petition will be filed.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2017-05-30T22:59:44+05:30

Ýes, go for test tube baby or barrow a womb. You may even seek divorce without paying any amount age as she cheated you. File a divorce case and produce documentary evidence. Law is in your favour. Pray for interim relief of second marriage.

Advocate Aniket Joardar LawRato · Accepted Answer · 2017-05-30T23:13:36+05:30

Dear Madam, from your question pattern seems that you are little bit confused and you have no clear concept about divorce. In law judicial separation and divorce are different things. What is your want divorce or separation? To advice you properly more information about you and some personal details is needed. It cannot be discussed openly. contact a competent lawyer he will guide you properly.

LawRato LawRato · Accepted Answer · 2017-05-30T23:15:41+05:30

Dear friend,
Your query involve many aspects of legal importance , and I suppose that you do not have idea where you are leading to n where you are, hence instead getting any query answered online or so it's advisable that you come and meet and understand all prospects. OFC : Adv Pankaj Kumar & associate...

Advocate Shivani Rafi LawRato · Accepted Answer · 2017-05-30T23:58:57+05:30

Dear you can file a case of mutual consent for divorce. It takes around 6months time and it is the fastest procedure for divorce in case both parties are agreed.A joint petition has to submit by both the parties . For further process consult a lawyer.

Advocate Pipli Datta LawRato · Accepted Answer · 2017-05-31T00:32:40+05:30

Please let me know whether this marriage is registered. How long have you both been estranged? Have you been separated over a year? If you provide me these details i will tell you how to proceed with the divorce.

Advocate B. Srikiran LawRato · Accepted Answer · 2017-05-31T08:16:33+05:30

Hello,

You can file for divorce only when you complete 1 year of your marriage. Wait for another six months and initiate the divorce process. Once you finish 1 year, try to convince your husband for a mutual consent divorce which will be granted in 6 months else file divorce petition on cruelty ground.

Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2017-05-31T11:01:55+05:30

In this query you have not mentioned that your are going for a Mutual Consent Divorce. If you are doing it mutually you have to visit once India for applying the same before the Court, you have not mentioned were your marriage had been solemnized.

Advocate R.K. Gupta LawRato · Accepted Answer · 2017-05-31T11:03:25+05:30

If you belong to Indore or its surrounded area ,contact personally with 2 photographs ,marriage certificate /marriage photograph ,Invitation card to prove marriage before the court .For Divorce you may get appointment and discuss the process personally

Advocate Raj Kumar LawRato · Accepted Answer · 2017-05-31T13:33:59+05:30

1 . You may file divorce case on that ground you have not having childre.

2. You should take doctors opinion of hard copies it will help you to get divorce.
3. It's not issue married in 2007 when you're age 3 years

Advocate Shrikant Laxman Tambe LawRato · Accepted Answer · 2017-05-31T14:35:40+05:30

The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;

“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.

On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce. And there are various cases where courts held that the intention to be cruel is not an essential element of cruelty as envisaged under this section.

Advocate M Lakshmikanth Arya LawRato · Accepted Answer · 2017-05-31T20:06:08+05:30

Sir
As per Hindu law, Hindu marriage is a not a contract. Better you can seek for a divorce on the aforesaid ground.

Here the test report, and other medical approaches will be the good grounds for re-marriage .

Your friend is given two option but he cant insist her to adopt the two conditions. He is having a valid ground for divorce. By that he can file a case against her and seek decree of divorce.

Advocate Surendrasinh A Thakor LawRato · Accepted Answer · 2017-06-01T10:34:16+05:30

Yes, if you want you can get a divorce, without any difficulty.But before that, we should know why do you want a divorce ?What is the income of your husband? What about your daughter? What is her desire in the matter?

Advocate Murali Mohan Rao LawRato · Accepted Answer · 2017-06-01T14:38:55+05:30

When you got married and since how long your wife is not coming back to marital life. Have you issued any legal notice before. Where is she staying now either with parents or individually. Let me the full details.

Advocate Nayan Mehta LawRato · Accepted Answer · 2017-06-01T16:10:58+05:30

Dear

First of all money is not a matter all all. Justice is for all so you can applied for Legal Authority for free services.

You can also file Maintenance case for your self and for your daughter. You can also file same living standard under domestic violence Act also.

Thanks.

Advocate Ramit Sehrawat LawRato · Accepted Answer · 2017-06-01T17:34:51+05:30

HI,

YOU CAN FILE A PETITION FOR DIVORCE ON THE BASIS OF VARIOUS SECTION OF HINDU MARRIAGE ACT 1956,
THE BURDEN OF PROOF WILL BE ON YOU ,I.E. THE BASE OF YOUR PETITION ,
IF YOU DO NOT HAVE FUNDS YOU CAN GO TO DLSA,THEY WILL PROVIDE YOU A LAWYER FREE OF COST IF YOU DONT HAVE FUNDS,
FURTHER YOU CAN DEMAND THE LITIGATION CHARGES FROM YOU HUSBAND BESIDE MONTHLY MAINTENANCE FOR YOU AND YOUR CHILD AVAILABLE UNDER VARIOUS PROVISION OF LAW.

THANKS

Advocate Mohammed Abdul Quadeer LawRato · Accepted Answer · 2017-06-03T13:36:38+05:30

Hi,
You can send her a notice to come and rejoin the matrimonial life and then if she is not coming then you can file case for RCR asking her to come and rejoin your life .Second thing is if she is not ready to come then you can think of another option and can proceed further . You can call us through the website for further assitance.

Advocate Sumit Agarwal LawRato · Accepted Answer · 2017-06-03T21:33:20+05:30

जैसा आपने बताया उसके अनुसार मेरा यह विचार है कि आपके भाई की पत्नी ने देहरादून में "सेक्शन-9 हिन्दू विवाह अधिनियम" के अन्तर्गत केस दायर किया होगा, क्योंकि आपके अनुसार वह तलाक देने को इच्छुक नहीं है ।
आपकी भाभी को यह अधिकार प्राप्त है कि वह ऐसा केस दायर कर सकें, शेष काम संबंधित परिवार न्यायालय का है, जो संबंधित पक्षों को सुनने के पश्चात गुण-दोष के आधार पर निर्णय देगा ।

Advocate Rajagopalan LawRato · Accepted Answer · 2017-06-03T22:20:41+05:30

HI
You should file a restitution of conjugal rights petition in the court.
Prior to approaching the court, you are advised to call for meeting of family elders to resolve differences.
if the elders are unable to reconcile, you may send a legal notice.
If even after legal notice your wife is not coming back to her marital home, i am afraid the only option is to file a RCR petition.

Advocate Varun Chaudhary LawRato · Accepted Answer · 2017-06-03T23:31:46+05:30

Second case of the same nature cannot be filed and the second case can be dismissed as it is not maintainable under section 10 of the Civil Procedure Code. An appropriate application should be filed in Dehradun Court.

Advocate Ganesh Singh LawRato · Accepted Answer · 2017-06-04T08:52:15+05:30

Sir, this is really cheating and betrayal of trust by the wife. The divorce can be sought on the ground of adultery, extra-marital affairs, cruelty etc. The action mentioned is mental cruelty. Your recordings will be sure proof.

Advocate Alakananda Das LawRato · Accepted Answer · 2017-06-04T11:33:20+05:30

Aap ko apne filing lawyer ko puchana chahiye ki delay kyun ho rahi hai. Delay nahi Hona chahiye in matter mein. So please contact your lawyer immediately and unko boli year ki jaldi uss application ka sunvai kare

Advocate Vikram Ojha LawRato · Accepted Answer · 2017-06-05T12:30:03+05:30

Dear client ,
As per the details provided by you i state that when a cognizable case is being initiated then the accused after obtaining a bail will have to appear before the Ld.Court once a chargesheet has been filed by the police but in your case it seems no chargesheet has been filed by the police as yet.

Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2017-06-05T16:45:06+05:30

Its simple to do so but hard for all of you as it will be effected to you, your husband and your kids (Twins). Question lies whether you want to do it mutually or contest your case. For the same you need have face to face talk with me. For more call on my numbers.

Advocate Aher Yogesh Mohan LawRato · Accepted Answer · 2017-06-05T17:24:21+05:30

First of all you both belongs to which religion. ? Whether your husband is ready for mutual divorce ? If he is not ready for divorce then you have to file for contesting divorce , what about the custody of children

Advocate Pipli Datta LawRato · Accepted Answer · 2017-06-05T18:01:41+05:30

Depending on the understanding with your spouse we can help you choose whether you should file a mutual consent divorce or a contested petition. If the spouse is agreeable then we can negotiate for a mutual consent. There is a trail to be followed so please get in touch for personalised guidance.

Advocate Siddhant Sharma LawRato · Accepted Answer · 2017-06-05T18:30:22+05:30

In the given situation, your friend needs to talk it out with your wife for divorce with mutual consent. If she does not agree then he can file a petition for divorce under section 13B of Hindu Marriage Act. However, the probability is very low that he will be granted divorce for the same. Also, even if he is granted divorce, he may have to pay the maintenance to his wife.

Advocate M Lakshmikanth Arya LawRato · Accepted Answer · 2017-06-06T13:02:52+05:30

Question: His wife having illegal relationship with other guy who is rich, but want to keep the relationship with husband just for society sake, rest of other things she want with other guy , we have a evidence as photo and her chatting with other guy. She is harassing my friend , she is mentally unstable ...how to handle this and get rid of her.

Sir

You can file a divorce case on the ground of Adultery. As your told the photos and the message conversation , these are the best proof in support of your case.
Please proceed.

Advocate Sanjay Kustwar LawRato · Accepted Answer · 2017-06-06T14:00:29+05:30

Aap jalapeño baking not Karen inks divorce ho Jane do use bad hi kuchh karma.

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Advocate Pradeep Naik LawRato · Accepted Answer · 2017-06-06T14:02:09+05:30

अगर आप दोनों अपनी पहली शादी की बात उजागर करते हैं तो यह आपके पति के लिये मुसीबत खड़ी कर सकता है (अगर दुसरी पत्नी पुलिस में शिकायत करती है तो )। यदि दुसरी पत्नी वाकई मेंटली डिस्टर्ब है तो बेहतर होगा कि आपके पति दुसरी पत्नी से अपना विवाह धारा-१२ हिन्दू विवाह अधिनियम,१९५५ के अन्तर्गत शून्य घोषित करवा लें।

Advocate Ramniranjan Chaturvedi LawRato · Accepted Answer · 2017-06-06T14:03:04+05:30

Your husband can take the divorce without any problem. For further details you can contact us. .

Advocate Siddhant Sharma LawRato · Accepted Answer · 2017-06-06T15:00:29+05:30

In the given situation, you can file a petition for divorce in the jurisdictional family court under section 13 of Hindu Marriage Act. After that you will have to file an application for custody of your child. Also, you can ask your wife/husband to enter into a MoU for mutual divorce.

if there is no issue speak to your spouse and file for a mutual divorce.

Advocate Apoorv Pandey LawRato · Accepted Answer · 2017-06-06T16:48:04+05:30

Opinion VI
Dear Mam,
Firstly try to understand the serious nature of your case. The act of your husband of marrying again during the subsistence of the previous marriage/spouse amounts to bigamy which is punishable under S.494 of the Indian Penal Code, 1860 read with S.17 of Hindu Marriage Act, 1955. If there is conviction then your husband might have to face serious jail time which may extend to seven years.
It is also worth mentioning that if the second wife of your husband was not aware of the fact that you were already married to him, and if your husband entered into intimate relationship on account of her believing that she is his lawfully wedded wife, then she can lodge FIR under S.376 against your husband for committing rape. This is very serious in nature.
Coming back to your query. Second marriage during the subsistence of first one is null and void from the very beginning itself. Second wife cannot claim rights of lawfully wedded wife.
That does not mean that your husband is free from all legal formalities. Your husband is still required to file for annulment of second marriage under S.11 read with 5(1)(i) of the Hindu Marriage Act, 1955 . This Petition should be filed before Family Court of your district immediately.
Further I would also like to bring to your knowledge that there have been instances when the courts have granted litigation cost (Maintenance pendente lite and expenses) even to second wife of the husband. Section 24 of Hindu Marriage Act, 1955 has been given a very wide interpretation by the courts to bring the cases of second wives within its ambit. The second wife can also claim interim maintenance under the interpretation given to Section 24, HMA. The term 'wife' and 'husband' used in Section 24, HMA are not given strict literal meaning as to convey only legally married wife and husband. The expression wife and husband is in the context of the section and scheme of the Act should mean a person claiming to be a wife or a husband.
Similarly, under section 25, HMA the provisions for permanent alimony has also been interpreted widely by the courts to protect the rights of the second wives. After the declaration of the nullity of the marriage, the second wife could claim maintenance under section 25, HMA.
At last but not the least, it is very important that you gather some proof of your own marriage. In the absence of this proof, court would be handicapped from providing any relief to you. Contrary, it might even declare the second marriage a valid one.
For further discussion please feel free to contact.

Advocate Rajesh K.S LawRato · Accepted Answer · 2017-06-06T17:30:46+05:30

You have to file the divorce in Nepal as the ritual has taken place as per the Nepali law. Here advocates and judges are not aware about Nepali law. Send legal notice by expressing your interest to take divorce to your partner then you can file a petition for divorce there.

Advocate Neelam Rai LawRato · Accepted Answer · 2017-06-06T19:51:12+05:30

Hello app hindu marriage act me divorce le skte h .and u can complaint in nearest police station. ...about this harassment. ....and any born issue .....

Advocate Vivek Nasa LawRato · Accepted Answer · 2017-06-06T20:02:55+05:30

Under the present circumstances, it is essential to understand the reasons behind present circumstances. Anyway you can get divorce on the grounds available to you under Hindu Marriage Act, and you can accordingly file divorce petition. Since your wife has suicidal tendency, an appropriate approach & strategy is required.
For more specific advice on your issue, you may contact me.

Advocate Hamendra Singh Solanki LawRato · Accepted Answer · 2017-06-06T20:30:06+05:30

Hi you will have to file a case in the family court under section 13 B for the mutual divorce with the set of concerned documents. After the initial proceedings ; if all other criteria satisfies you will be given a date of 6 months for reconsideration and if both parties took the same stand than divorce will be given.

Advocate Preeti JD LawRato · Accepted Answer · 2017-06-06T20:45:03+05:30

Hi.. First you please lodge a written or online complain against your wife at nearest police station and get a receipt from the police officer. Secondly you can opt for divorce either mutually or on merit ..mutual divorce takes 6 months while on merit it takes longer.. Thank you ..

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2017-06-06T21:17:44+05:30

Better you get advise from the advocates practicing in Nepal. It is not wise to divorce under any circumstances. Think twice before implementing such ugly idea. Where should she go. Lady is not commodity.

Advocate Umesh Kumar Yadav LawRato · Accepted Answer · 2017-06-06T21:20:49+05:30

A single suicide threat does not qualify to be a ground for divorce. Therefore you will not be able to secure divorce you need some very strong reasons. the reasons asserted by you are normal wear and tear of married life. You nee some very strong reason which constitute cruelty.

Advocate Arvind Singh LawRato · Accepted Answer · 2017-06-06T22:03:48+05:30

Sir, ur friend can file a divorce petition in family court for divorce along with the document evidence which u have, and u can also file a private complaint ( PCR) in the court , against the other man and your friends wife for adultery, how long is the marriage, the girl can file a dowry harrasment case if the marriage is with in 7 years, so take a anticipatory bail before filing any case.

Advocate Tulsi Karthik LawRato · Accepted Answer · 2017-06-06T22:13:10+05:30

If husband and wife agreed means they can file mutual divorce petition before jurisdictional court or otherwise husband can file divorce petition on cruelty ground once we have see what kind of supporting documents you have...

Advocate Anil Vyas LawRato · Accepted Answer · 2017-06-07T02:06:15+05:30

You can file divorce petition on the basis of your grounds jointly.
Under section 13 b of Hindu marriage act. Court will fix the date after six months. Thereafter after taking evidence on the same day court will pass the decree of divorce.

Advocate Rajeev S Vadrali LawRato · Accepted Answer · 2017-06-07T17:07:23+05:30

Let your friend file a divorce case in the court on the ground of adultery. He has to produce all the proofs to prove the adultery. Proving of adultery is very much essential. So let your friend collect as much as evidence to prove the case

Advocate Amit Sharma LawRato · Accepted Answer · 2017-06-07T18:00:06+05:30

Divorce by mutual consent only possible when both of you file divorce petition together... You alone can't file divorce petition on ground of mutual consent.... There is very simple procedure for divorce by mutual consent and it will take only two hearing and six months tym in court... But both parties must be present in Court

Advocate D D Purohit LawRato · Accepted Answer · 2017-06-08T15:15:52+05:30

As per ur quarry ,u r interest is live legally separate ,and ur husband too, so u both file case u/s13 B of h m a for mutual consult divorce in appropriate competent court ,court passe divorce decree within six or seven months if not mutual then file csae u/s13 a of h m a if u r Hindu ,rest on VI's a vise

Advocate Sanjoy Acharjee LawRato · Accepted Answer · 2017-06-10T23:33:39+05:30

Dekhea Ji.
125 aur Divorce Up ne Court me akar File kiya. Lekin 498 up ne Police Station me ja ke FIR kiya. Is liye 125, Divorce aur 498 totally alag alag hote hai. 125 aur Divorce me upko har Date pe jana parta hai. Lekin 498 Me srif Sakshi (Evidence) ke samay jana parte hai. Us samay up ko Court se Summons Veja Jayega. Ea Srif one Time jana parega.
(English) you have filed 125 & Divorce before the Ld. Court. But you lodged Complaint before the Police Station for 498. These two Cases are totally Different. In connection with 125 or Divorce Case, you should appear in all dates before the Ld. Court. But in connection with 498 you should appear in one time i.e., at the time of your Witness (Evidence) and on that occasion, you should be informed by the Court through Summons. This is for one time.

Advocate Pankaj Kumar LawRato · Accepted Answer · 2017-06-12T13:25:50+05:30

As your husband may not agree for divorce on your simple asking and even if he agrees for divorce he would not be willing to give you any alimony, it would be better for you to file cases of domestic violence and dowry etc so get desired result.

Advocate Gaurav Rohila LawRato · Accepted Answer · 2017-06-12T13:33:43+05:30

You can file divorce on the basis of cruelty , you can claim your lawful right by instituting domestic violence complaint and can claim maintenance also. If your husband asking for dowry then you can file complaint u/s 498 aswell.

Advocate Srishti Saxena LawRato · Accepted Answer · 2017-06-12T14:38:27+05:30

You have to file for a divorce petition on fault grounds. Further opinion such as which ground can be invoked, which court will have jurisdiction etc. can be given only upon discussion and knowledge of full facts.

Advocate Sandeep S Tiwari LawRato · Accepted Answer · 2017-06-12T17:28:17+05:30

Under the Hindu Marriage Act you cant initiate a divorce proceeding before completion of one years of marriage. Secondly you are required to live separate one years from yours husband and for this purpose you must have to leave the matrimonial home. Mean while you are advised to file a case for judicial separation before the competent court. Thereafter you can request to the court to convert the this judicial separation petition into divorce petition. There is two ways to file a divorce petition. First go for mutual consent divorce petition. Secondly you can file a divorce petition on ground of cruelty, but burden of proof will lie upon you. It is advised to for mutual consent degree.

Advocate S Shiva LawRato · Accepted Answer · 2017-06-13T08:24:59+05:30

The entire facts of the case needs to be determined before we proceed with divorce proceeding.
Place of marriage: Required for determining Jurisdiction.
Pregnancy: Varied impact as to the maintenance and future maintenance of the child (Not necessary for initiating divorce proceeding as maintenance involve a distinct subject matter)
Daily fights: Well, fights can be a ground, but it cannot be the only ground. The reason and issues pertaining to which the fights occurs are a matter that need to be considered. Also, whether during the fights any physical harm is caused or not shall also be considered as all these things will have direct impact on the unborn child.
Dowry: Whether there is/was any demand for dowry at any point of time is a matter of importance.

Firstly, we need to file a complaint before the Women Cell. Let the preliminary proceeding take place over there assess its outcome.
If not satisfied, the we shall look into the fact whether there is scope of mutual divorce or not, if not then further action can be taken for getting the divorce proceedings intitiated.

Rest depends on the facts and circumstances of the case.

Advocate S Shiva LawRato · Accepted Answer · 2017-06-14T12:16:17+05:30

Call recording recordings are evidence under section 65B of evidence act. It can be used. However, saying some words over the phone would not necessarily be a ground for divorce.

The grounds stipulated in the Hindu Marriage Act need to be considered for proceeding with divorce.

Advocate Arnab Kumar Banerjee LawRato · Accepted Answer · 2017-06-16T22:19:34+05:30

যে কোর্টের এলাকায় বাস করছেন সেই কোর্টে পিটিশন জমা দিন। তবে আগে 498এ তে কেস করুন থানায। এতে ঝগড়া মারামারির ব্যাপার প্রমাণিত হবে । ডোমেস্টিক ভাযোলেন্স আইনে ও মামলা দায়ের করেন থানায। এই দুটো মামলার কাগজপত্র নিয়ে মানসিক নির্যাতনের কারণ দেখিয়ে ডিভোর্সের কেস ফাইল করুন ।

Advocate Aniket Joardar LawRato · Accepted Answer · 2017-06-16T23:56:53+05:30

আপনার প্রশ্নের উত্তর দেবার আগে জানা দরকার আপনার কতদিন আগে কিভাবে বিয়ে হয়েছে? আপনার ধর্ম কি? হিন্দু,মুসলমান না খ্রিস্টান? আপনি বর্তমানে কোথায় থাকেন? আপনার স্বামী কোথায় থাকেন এবং কি করেন? ইত্যাদি।এগুলো জানান বা কাছাকাছি কোন উকিলবাবুর সাথে যোগাযোগ করে সমস্যার কথা জানান ও পরামর্শ নিন।

LawRato LawRato · Accepted Answer · 2017-06-17T03:49:18+05:30

Apni prothome apnar husband k valo kore bojhan,r sob somoy mone rakhben sob jhogra osantir folafol divorce na.nijer surokhha ar husband k tar vuler jonno sabdhan korte police er women grievance cell e jogajog korun.

Advocate S K Firoj Ali LawRato · Accepted Answer · 2017-06-28T07:27:58+05:30

Apni jodi thik korei thaken je apni ar apnar swamir songe songsar korbenna tahole prothome swamir songe kotha bole mutual divorce korte paren , mitual divorcer jonno choy maas somoy lage are aponar swami jodi mutual divorce e raji na hoy tahole apni nije divorcer mamla korte paren .

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How to initiate divorce proceedings

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