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I have 3 Year old daughter I want divorce wife not ready what to do
17-May-2023 (In Divorce Law)
I want to take divorce frm my wife. Have a daughter 3yrs of age. My wife she's nt ready to give me divorce. What do i do in this case ?
In this situation you will have to file a petition in family court for a contested divorce. Then once your wife comes to court you can figure out whether there would be chances of converting it into a mutual consent. In this case there are other aspects like maintenance and alimony which have to be considered depending on a lot of factors like your financial capacity, her education and financial capacity etc.
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Adv. Pipli Datta
Mumbai | 100+ Answers
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You can either file for Judicial Separation in the Family Court and then file for a Divorce after a separation of more than one year. I am assuming that yoir marriage has taken place under Hindu Marriage Act.
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You can seek divorce and ask for access to daughter or joint custody. There are several provisions under Indian law that allow you to file for divorce on several respective grounds. Yes, child welfare is given importance and therfore the court tries to reconcile divorcing parties but that does not refrain you from taking divorce. You may contact me for further consultation on this
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It is not clear here about ground of divorce? Reason behind taking this action are not disclosed, still if it cannot be a mutual divorce we can apply to court stating reasons and future terms and conditions etc.
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Adv. Sachin Ghalsasi Prakash
Pune | 25+ Answers
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