Need advice on divorce proceedings

761 votes

More details are needed for a better opinion. However, you as per details given. . You can claim maintenance from you husband as per Indian Laws. Moreover, the matter can be resolved via alternative remedies too.

Advocate Gaurav Pathak LawRato

610 votes

the documentation done by you has no value at all and if you try to get married to someone else on basis of such document you will have to face harassment and allegations of bigamy can come against you, by way of mutual divorce you and your wife have to obtain a divorcee decree from court of law.

Advocate Aveek Bose LawRato

856 votes

It depends upon accoRding to Rituals & Rites of which Religion u got maRRied, whetheR he is hindu, sikh, Jain oR PaRsi, so it will depend upon all these factoRs, if these things R pResent than you can claim maintenance & financial help OtheRwise you would be goveRned by U.s laws

Advocate Ripudaman Singh LawRato

696 votes

You are staying all alone since 2003 and have no marital relationship with your husband. Moreover he is not supporting you and your son in any way. The best way is to go for divorce and look forward in your life. You discuss the amount of financial support he can give in lieu of support and concentrate on future of your child. If satisfactory amount is settled then you can proceed with mutual divorce and step a head in your life.

Adv Malhotra

Advocate Deepak Malhotra LawRato

695 votes

Divorce can't happen on a piece of paper. Do not consider it divorce and got married again. You are cheated. File divorce case in the court on the ground of mental cruelty. This will be a contested divorce.
If she ignore it the decree will be passed ex parte. You'll get one.

Good luck.

Advocate Arnab Kumar Banerjee LawRato

726 votes

Dear client,
In response to your queries i would say that divorce cannot be obtained by way of agreement or any other means save and except by way of decree of dissolution of marriage by the competant court of district judge and by no other means.
And unless and until you get a decree of divorce and if you are non-muslim you cannot marry any other person as it may tantamounts to Bigamy and punishable under law.

Advocate Vikram Ojha LawRato

872 votes

Divorce can only be obtain from District Judge and no other paper or agreement can safe guard for remarriage without obtain Divorce from competent Court of Law. Therefore, before remarriage, file Mutual divorce.

Advocate Sanjoy Acharjee LawRato

641 votes

for any legal action in matrimonial matter it is necessary to keep the marriage records ready. so so if you have registered your marriage the certificate if not wedding invitation photos, and then approach and advocate and generate your reasons for leaving your husband, and tell what you want. advocate will do the rest.

Advocate S.K Prabhakar Shetty LawRato

538 votes

Hi.
Firstly no petition for divorce can be filed in the first year marriage. Thus a one year time gap is given in order to sort or solve things between the parties. From the limited facts it seems that it is a mutual want of divorce. Thus the procedures involved in getting a mutual divorce are as follows :
Steps involved :
Step 1. A petition for divorce has to be filed- a joint petition for mutual divorce had to be filed for dissolution of marriage which had to be presented in a family court, on the consented expression that both the parties had consented to end the marriage and had been living separately for a period of 1 year or more.
Step 2. - secondly the parties need to appear before tee Court and the examination of the documents takes place.
Step 3. - an order is passed for recording the statements on oath.
Step 4.- after the first motion is passed a period of six months is given before passing of the second motion
Step 5.- then there is a second motion and a final hearing takes place.
Step 6.- lastly the decree of divorce is being passed and granted depending on the wants, situations and circumstances of the parties.

Advocate Ayantika Mondal LawRato