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Husband wishes to give divorce but wife not ready, how to apply?
03-Jul-2023 (In Divorce Law)
Helo hum log last 8 year se merrid he and we get 2 child one of them 3 year ( boy) second one of them 4 year (girl). jbse merrige huva tbse merried life was not succeed bt for my family reputation me ye merrige nibha rha tha or in between muje ak lkdi se love ho gya or me ab bhi usise love krta hu or ye bat meri abhi jo wife he use pta thi or meri wife hi meri gf ko call krke bolti thi k tum dono mrg kri lo or me divorce le lungi or jo abhi meri wife he wo apne piyr se jo bola jata he wo krti he or mere ghr me bhi unke piyr ki chlti he wo esa hi chlati he or hua ye ki ak bar muje or meri gf jinse abhi me love krta hu hm dono k unke piyrvalo ne dekh liya or muje marne lge or phir ak mitting hui sub bde logo ki or un logo ne deside kiya ki meri wife he wo yha hi rhegi or muje ab use rkha hi pdega or jb ye deside hua to meri wife se nhi pu6a gya ki wo kya chahti he or ab muje unse divorce chahiye and meri gf se merrige krta chahta hu or meri gf kobhi mere sath hi merrige krn
There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
Helpful?
20+
20+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear
In case you would like to file divorce then file it and in that application your present wife is supported then file mutual consent divorce application before the appropriate court.
The another option is
Thanks
In case you would like to file divorce then file it and in that application your present wife is supported then file mutual consent divorce application before the appropriate court.
The another option is
Thanks
Helpful?
16+
16+
Adv. Nayan Mehta
Rajkot | 100+ Answers
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