What is the procedure for divorce

834 votes

Dear sir
Before informing you about the procedure for divorce, I'd want to inform you of your secondary options. You can file an application for restitution of conjugal rights. By this you can legally persuade your wife to reconcile matrimonial relations with you.
If you do not wish to do that we can file an application for divorce before the family court. Contact me for further assistance

Advocate Sahil B Trivedi LawRato

656 votes

Firstly you have to send notice to your wife via an advocate under fulfill a marriage obligation. If she don't want to come then you can file a petition for divorce or conjugal rights. If she willingly do not perform her marriage obligation then she is not entitled for maintenance but you have to prove that she willingly ignored you or left your home.

LawRato LawRato

872 votes

Dear client divorce is off two type. One is mutual divorce and other is contested divorce. When husband and wife r ready for divorce then they can file mutual divorce and Will get divorce in six month. If one partner is not ready for divorce then other can file contested divorce on the grounds like cruelty desertion adultery as per his case. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

947 votes

You can go ahead and file divorce on the grounds of cruelty and you can even claim maintenance . but you will have to prove the cruelty done to you by your husband. you can file the case at Bandra Family Court located at Bandra east.

Advocate Santosh Yadav LawRato

637 votes

If he is ready, then you both can proceed by way of mutual consent divorce.
In that case you will get divorce in 6 months.
If he is not, then you have to contest the matter, that might take 1-2 years.
Contact for detailed discussion.

Advocate Rohit Shaligram LawRato

781 votes

Hi dear sir I am 40 year old my wife 26 year we have two children s,one Boy and one is girl child,i am working present in a private company and little agriculture land know i divorce to my wife what is the processor please give me a solution as soon as possible.

you can apply for divorce either on mutual consent or on a contest bases, only thing is that you may have to maintain the family at your expenses

Advocate Girish Kodgi LawRato

645 votes

Dear friend ,
Divorce in India is mutual and contesting , mutual should be agreed between party in or outside court , where if contested there has to be ground of desertion , cruelty , adultery etc . hence it has to be understood that without proper hearing and discussing nothing as such can be given by any query , you can better consult as to provide quick and better remedy

LawRato LawRato

571 votes

If both of you have come to a decision of seperation and that there is no chance of leading a harmonious relation in the future atleast for the sake of kids the best option would be a divorce by mutual consent so as to save time,money,energy and unnecessary confrontations.. There are other options as well depending on the nature of the facts and circumstances of each case....

Advocate Jibu J LawRato

684 votes

Dear client,
I advisr you to settle issues at home, keeping in view your children, but , if unable to settle then go for divorce.
You can file divirce petition based on ground of cruelty, and if you both agree you both can file mutual consent divorce petition.

For further assistance or clarification you can call me.

Regards

Advocate Suneel Moudgil LawRato

809 votes

MADAM,

Yes u can take divorce, on the grounds available in the Act,

But for that you have to seek appointment and mentioned us the entire story/fact/incidents etc. Than only proper advice of divorce to be given.

since two kids are also there, we have to see their future prospects also and how husband is going to compensate them.

kindly fix up an appointment for proper legal advice

Advocate Harish Malhotra LawRato

821 votes

Best way to get divorce is by mutual consent, that is if your husband also agrees to go in for divorce. Alternatively, under the circumstances stated, you can file case for divorce on grounds of cruelty, for that you must first lodge a report in the 'Crime Against Women Cell'. For detailed procedure you may like to consult on phone or by E-mail.

LawRato LawRato

957 votes

Mam u can file a divorce petition in the family court..the grounds we can take is of mental and physical harassment ..in addition to dis we can also ask for maintenance per month from ur husband till d disposal of divorce petition..and we are also entitled for d alimony for u and ur child...further I will be able to guide u better if u can come to my office..thanx..advocate Hemant

Advocate Hemant Chaudhary LawRato

559 votes

Hi,
You can seek divorce on the ground of cruelty. But for that you need to take few measures before you file for divorce. It would be best if you can get a mutual divorce which will take less time. But these need to be discussed in detail.

LawRato LawRato

714 votes

Yes you can seek for mutual divorce and need more details to guide you better. I would request you if you can brief me with more details about your husband and his family.

Explaining everything here would be a bit difficult if you can mail in details.

Advocate Aveek Bose LawRato

708 votes

Under Hindu Marriage Act there are so many grounds under which we can file a case ex. Under section 13 (1) a for cruelty and if you want to take divorce as mutual consent in which under section 13 b in this 6 months ll get to take divorce

Advocate Nilesh Pachpor LawRato

715 votes

taking normal divorce depends on the grounds in your petition filed in the court.

so, it depends on what are the grounds on which you want to claim normal divorce.

In Mutual divorce, the grounds are not important.

Advocate Namitabh Kothari LawRato

761 votes

If both are ready to take divorce then you can file mutual divorce petition which will take 6 months to finalize as cooling period itself is 6 months. Or else you can file one sided divorce petition in court on ground of Cruelty or desertion which time would be consumed more then 1 year... For further query you can contact me

Advocate Shashi Chaturvedi LawRato

742 votes

Dear client if both husband and wife r ready for divorce then they can file mutual divorce and will get divorce in six months. If one partner is not ready for divorce then other has to file contested divorce. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

873 votes

File a police complaint for that..
...
For taking divorce on the ground of cruely. And also file a case for divorce

Advocate Sanjeev LawRato

741 votes

Divorce can be obtained by two ways:

Divorce by Mutual Consent
Contested Divorce
1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion , Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

Marriage can be annuled too, but the grounds are different.

LawRato LawRato

763 votes

Mam in this case you should file a complaint against Ur husband in domestic violence and also get an fir lodged against him and let me make you clear there is no provision in law for divorce within a year of marriage so you can take other legal steps for more information do contact with complete details of Case

Advocate Saajan Rathi LawRato

536 votes

Madam, if you want to prevent your husband for committing such kind of inhumane behaviour with you, then please contact a lawyer and take proper guidance for preparing a complaint against your husband and file the same with CAW Cell nearest to your home.

Advocate Brijinder Khurana LawRato

718 votes

This is a domestic violence matter n this is very serious. Technically the process starts only after 1yr of marriage but there r certain ways to get relief through the legal process. You can get in touch with me for further help and advice. Thanks

Advocate Ayushi Bhatia LawRato

845 votes

If your wife wants to pursue cases against you then no body can stop her and she can file as much as she can. But her maintainance will be depend on her financial status and your financial status. And

Advocate Manoj Kumar LawRato

631 votes

various things taken into consideration while maintainenceis decided by the court.....



Kindly provided complete facts for better consultation

Advocate Sanjeev LawRato

965 votes

We can contest your case on merits and show the court tha we cannot pay muh maintenance since we have expenditures thst we are making. But the recourse is to file a divorce if she is adamant there is no other remedy.

Advocate Shobhit Bhatia LawRato

979 votes

It is not clear whether you want full or final settlement or you are talking of maintenance Has she filed any case against you for dowry harassment etc As far as maintenance is concerned you will be required to show your income and committed expenditure including medical expenses After determining your paying capacity court will fix monthly maintenance. You are advised to contact with full details

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato

704 votes

Dear sir as per your question and situation without any reason as per hindu marriage act can not file divorce petition before family court because marriage dissolve by only court some condition you got divorce decree when you provided in court

Advocate Chandrhas Singh LawRato

692 votes

Judicial system is slow
we will have to plan a strategy so u can get relief as soon as possible
will have to do some things out of the court also because just filing of case will not give u relief as every lawyer do so
but we dont want to get old in litigation
with my best efforts
thanks

Advocate Nitin Bhandari LawRato

821 votes

all facts about your marriage is required but You can file a petition for divorce and dissolve your marriage on the grounds as under section 13 of the Hindu Marriage Act 1955. as per law if your wife has treated you with cruelty or deserted you or you are harassed by your wife and his parents with false cases etc.

Advocate Prem Dayal Bohra LawRato

660 votes

sir plz give me detail of your family as,number of issues you have and behavior of ur wife and her parents then I will tell you ground of divorce and proper advise. ground of divorce are cruelty, desertaion, refusing for sex. adultry etc. divorce by mutual will have to file divorce petition before family court..

Advocate Deshraj Kalwania LawRato

611 votes

Hi ; basically i understand your frustration but for giving accurate legal advice , your provided information is not adequate ; viz. how long you are married , on what grounds (cruelty etc.) you are looking for divorce , is there no other way to settle the things according to you , whether your wife is also ready for divorce or not ; considering all this the exact legal opinion can be provided , though divorce can be filed under section 13 of hindu marriage act as such for your information .

Advocate Hamendra Singh Solanki LawRato

931 votes

जिस प्रकार से आपने अपनी समस्या बताइए उसके अनुसार आपकी पत्नी आपसे उम्र में बड़ी है एवं आप दोनों के बीच शारीरिक संबंध भी नहीं है आपने यह नहीं बताया है कि शारीरिक संबंध कितने कितने महीनों से नहीं है क्योंकि तलाक याचिका में 1 वर्ष तक शारीरिक संबंध न होने पर डाइवोर्स का आधार बनता है इसके अलावा विवाह से पूर्व आपके ससुराल वालों ने लड़की की उम्र छुपाई है इस आधार पर भी आप दोनों के मध्य तलाक का आधार बनता है परिवारिक न्यायालय या आपके जिले में कार्यरत जिला एवं सेशन न्यायालय में तलाक याचिका प्रस्तुत कर सकते हैं

Advocate Mahesh Pratap Singh Rathore LawRato

808 votes

It depends on the fact that whether you both are interested in taking divorce or not. Whole of the case depends on this. If both of u are ready than its a procedure of 6 months but if not than separate procedure will apply

Advocate Tapesh Agarwal LawRato

861 votes

Dear, as you have stated that there is no physical relation between you and your wife , and also there is no chance to live together , so you can file a petition for divorce in Family Court under section 13 of the Hindu Marriage Act, 1955 on the ground of cruelty (cruelty can be mental or physical) or desertion.

Advocate Prem Dayal Bohra LawRato

819 votes

Dear client provide details of the facts so that proper guidance may be provided to you certain things shall be taken in to onsideartion while givinv proper guidance
....

Advocate Sanjeev LawRato

738 votes

Please state full facts so that we can give proper advice on your queries ..
Half facts always lead us to a contradictory advice. You can definitely file for divorce and get the divorce on the ground of irrevocable breakdown of marriage so kindly let us know the entire facts for the proper guidance.

Advocate Suneel Kumar LawRato

571 votes

This much information from your side is not enough to help you out in it but if you both are ready for mutual divorce then a mutual divorce petition can be filled in the family court as the most important thing that is required is 1 yr seperation period which is already there in ur case and if both the parties are not ready in mutual divorce than u can file a divorce petition on the basis of cruelty which can be done only when you share complete details of the case. For better help n solutions contact with complete details.

Advocate Saajan Rathi LawRato

858 votes

It's a very simple procedure andthe law comes to your rerescue in two ways one is a contested divorce and the other is a mutual divorce. However you guide you further I shall need to speak to you further.

Advocate Anish Roy LawRato

900 votes

For taking mutual divorce you have to prepare memorandum of understanding and there after you have to file the aame with your divorce petition. Orherwise you have to file your divorce on the ground of merit

Advocate Manoj Kumar LawRato

937 votes

You can take a divorce on cruelty ground. . . . .

Advocate Ramniranjan Chaturvedi LawRato

832 votes

Mental torture is covered under Mental cruelty or Cruelty which is a valid ground for divorce for a husband too. You can file Divorce petition against your wife for that very reason, possibility of getting an order in your favour depends upon the quality of evidence which you produced before the court as burden of proving your allegations lies on you I.E, APPLICANT.
The second point of concern is custody of your 2 children. Please have a look over that aspect too along with a second thought over your decision of taking divorce, as Divorce or separation is not the end . I suggest you both to have a session of councling.

Advocate Varun Kaushik LawRato

939 votes

Just send a notice for asking her to be agree on divorce by mutual consent,

if she agrees, then you may file a petition for divorce by mutual consent and you may get decree of divorce within 6-7 months, but

if she doesn't agree, then you will have to file a regular divorce case in which you will have to satisfy the Court that mental torture by her is so severe that it is impossible to keep the relationship alive, then if satisfied, the Court may grant the decree of divorce and it may take 2-3 years.

Advocate Sandeep Naik LawRato

835 votes

नमस्कार सर.
हाँ आप अपनी पतनि के खिलाफ केश कर सकते हैं
जिसमें आपको सफलता मिले गी...?....
..

Advocate Sanjay Kustwar LawRato

840 votes

Wecome sir.
I have ask a question to you are you any complan any police stations logde against your wife during 8 years
You have right to take divorce under section 13 Hindu marrige act

Advocate Sajid Khan LawRato

623 votes

U have to apply for divorce in sec 13 if she does not appear in court it will be exparte divorce otherwise u hav to giv n justify ur reasons for divorce. Alimony depends upon wht income proof u shows in court, and whether ur wife is working or not. Contact for further complete details.

Advocate Anurag Bhati LawRato

937 votes

You not mention which religion you belong. If you Hindu than on your condition you got divorce from your wife on character loos. In section 13 in Hindu marriage act. Or you can file a judicial separation. For more information u can call me.

Advocate Satish Bhati LawRato

874 votes

You have to file a case of divorce in the family court. Then they will issue the summons to your wife. It is not clear from the question that whether you are having any kids or not and how much time has passed of you marriage. The amount of alimony depends upon the social status and living standard.

Advocate Aseem Goswami LawRato

727 votes

As per your query you want divorce from your wife ,but no details had been provided as why you want divorce, Why your wife is refusing to give divorce with that it's not clear what is your job profile,because all details are necessary to give you a proper advice ,with that alimony is decided as per the profile ,Please forward details for further advice !

Advocate Rishi Kumar LawRato

846 votes

Ma'am with all due respect your problem is not legal in nature but its your personal. If you are married and still love someone else, first ask your boyfriend that will he marry you if you get a divorce. If he agrees then go get a divorce and marry the person you love.
Agar ghar wale nahi samajh rahe to unko manane ki koshish karo, aur fir bhi nhi maan rahe to baaghi ho jao. Its your life, live the way you wanna live.

Advocate Kanwarjit Singh Pruthi LawRato

553 votes

It's only you who have to decide your priorities if you decided to get divorced then you should go for same with full esteem zeal. Because it's you who have to live with your spouse . This is your right to live your life on your terms and expectations.. You can file divorce petition under section 13 of Hindu marriage act as soon as possible to escape further harassment in the hands of your inlaws goodluck....Regards P.S. Jassi

Advocate Parminder Singh Jassi LawRato

986 votes

The solution to this problem can be given after personal meeting only however, the formal solution available in law is to file divorce petition on the ground of irretrievable break down and then proceed to Mediation in appeal proceedings. There you can pay the expenses/alimony etc as demanded and get rid of the problem.

Advocate Rajiv Sharma LawRato

691 votes

Dear brother, unfortunately, Hindu Marriage Act, does not provide any ground for divorce in such like situation. You have to raise your case for divorce within the parameters provided under Section 13 of said Act. If, from the instances happened after marriage, you could be able to show the cruelty or any other ground within the ambit, certainly, you will be able to file a divorce petition.
It all depends upon the circumstances which you would show from your particular story.

Advocate Deepak Verma LawRato

665 votes

It's your life and it's your prerogative to L. Be with your life partner or not.
You have ground to file divorce case. It will be grated to you by the Hon'ble Court. Just you have to prove concealment of fact and consent for marriage was obtained by fraud and misrepresentation.

For more info you may come Then we will discuss entire snario.

Advocate Jagan Nath Bhandari LawRato

763 votes

Answer to your query regarding divorce. You need to consult a lawyer. When you will have appointment with a lawyer he will suggest you all the ways out. This problem will not be solved here By any advise. You need a proper advise. I suggest you to engage a lawyer.

Advocate Jagdish Singh Mahal LawRato

565 votes

Hello
You have not cleared this issue that what the girl's husband is doing .its better if girl wants to marry some one else better if she is not happy with her husband then she can file divorce

Advocate Deepak Sabharwal LawRato

898 votes

It is more social type of question than legal one. However, it (extra marital relations) can be make ground of divorce available only to the husband of such wife who has an affair with another person.

Advocate Ajitpal Singh Mander LawRato

899 votes

If you are subjected to indian laws, You can file a mutual consent petition. For all the religions the legal provision for mutual consent is more or less the same. After filing the petition the court would fix a date for hearing after 6 months and on that day you have to file proof affidavit. Then court will order divorce.

Advocate Vasavi Sridevi Sivanandam LawRato

844 votes

Hi
You can challenge the ex-parte decree in high court and get it cancelled.
Also since you have 2 children, courts will be inclined to cancel the ex-parte decree.
You need to really act fast as in general there is a 90 day period for appeal against ex-parte decree.
if the delay is beyond 90 days and within 1 year, courts will accept condonation of delay petition and cancel the ex-parte decree.

Advocate Rajagopalan LawRato

1000 votes

Is your wife ready to give you divorce? If she is also ready for divorce then it is easy. Both of you have to file a petition for divorce under mutual consent. After 6 months the case will be listed for hearing. On that date both of you have to attend the case. The Court will record the evidence of both of you and grant divorce.
If your wife is not ready for giving divorce then you have to file a divorce petition on the ground of cruelty and fight the case. If you are filing a case in Chennai, I can help you. You can contact me for a detailed discussion so that I can give a clear and proper guidance.

Advocate Suchit Palande LawRato

816 votes

Section 14 of the Hindu Marriage Act provides for the divorce decree to be granted in a situation if before marriage any material fact which may indirectly or directly effects the relation of the married couple or which may be of such a nature that it makes living of both the husband and wife not possible. Section 14 of the HMA reads as under, 14 No petition for divorce to be presented within one year of marriage .—
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].

Advocate Siddhant Sharma LawRato

642 votes

you can file divorce petition on the hrounds of adultry, cruelity as mentioned in section 13 of hindu marriage act. however on the basis of fraud you can also seek relife for declaring marriage null and void.

Advocate Anish Thakur LawRato

731 votes

Apki shaadi Ko kitna time hua he or apki wife ne apki family Ko kis tarah se chot pahuchai he ,iske alawa uska conduct kya he ,uske baare main in details ke Bina apko koi bhi Sahi tarike se suggest Ni kar sakte ki apko kya karna he

Advocate Kamlesh Kumar Sharma LawRato

670 votes

You are wanted to divorce from her wife.hindu marriage act 1955 in Section 13 file divorce petition in family / session court on ground desertion. You can also file a case against the wife. You can get divorced your wife.

Advocate Jaiprakash Kuldeep LawRato

851 votes

It is very simple i just approach to court for mutual divorce by singing mou and court will pass a decree of divorce in favour of you this is altimate remedy in your case . It will take almost 3 dates

Advocate Akhil Verma LawRato

735 votes

There are two ways for divorce 1. By Mutual Consent. 2. By contesting. Question is what way you want to get it. Also do you want maintenance secondly custody of children interim maintenance etc. Lost of procedure is thr and also reliefs to be claimed by u. For more do call on my number.

Advocate Dhananjay Ravikant Gangawane LawRato

668 votes

Hello,
For the query you posted, I would suggest the following:

Depending upon the facts the case need to be studied and thuslead for conclusions.
For the divorce, a petition need to be filed before the court wherein divorce with mutual consent is to be made clear and thus taken forward.

I hope that answers your query

Best
M.Faris

Advocate Mohd Faris LawRato

893 votes

The procedure of divorce i.e. dissolution of marriage and Law under which the dissolution of marriage is sought differs from one religion to other. Please specify your religion for further legal advise.

Advocate Vaibhav Prakash Patankar LawRato

800 votes

You both can file the mutual divorce in concerned court at Delhi after settlement , you receive the payment before the court concerned and all statement of divorce and detail of payment should be written in the court order. More detail of divorce, you take from office or by my whatsapp no.

LawRato LawRato

819 votes

You can file an case of divorce under section 13 of the Hindu Marriage Act 1955 ; Based upon the criteria of cruelty or any other grounds which deeds fit as per your married life .You need to file a case in the family court for the same .

Advocate Hamendra Singh Solanki LawRato

647 votes

Madam, the best way forward for you is to file a petition for divorce by mutual consent. The terms agreed between you and your husband will form a part of the petition so that he cannot renege on his commitments once the process is initiated. In the event your husband fails to fulfil his promise the divorce petition will fail and further he will be straightaway liable for appropriate action under the law

Advocate Rajat Joseph LawRato

501 votes

Hello
Your query seems to be vague and ambiguous. I am not able to understand the scenario be pleased to give details of your query. Also irrespective of fact you being man or woman if your marriage was solemnized on fraud then you can file divorce

LawRato LawRato

692 votes

If yo both have decided to dissolve your marriage by a decree of divorce through a curt of law, then you may both jointly file a petition under section 13B of Hindu marriage Act, 1955, provided you both are Hindus and your marriage was solemnised under Hindu marriage law, seeking the relief and dissolution of marriage.
You can even draw a memorandum of understanding on the terms of maintenance amount and also about the child custody before filing the petition.
It is mandatory to wait for 6 months after filing the divorce petition for a second motion by which if you both still hold your decision to divorce and confirm the same before court.

Advocate T Kalaiselvan LawRato

985 votes

आपको प्रमाण एकठठे कर विवाह विच्छेुद याचिका लगानी होगी लेकिन आप पर आपकी पत्न्नी भी दहेज, भरण पोष्णे आदि के मुकदमे कर सकाती है ऐसे में प्रकरण को परिवारजनों के सहयोग से बैठकर निपटाने का प्रयास सही रहेगा,

Advocate Ajeet Singh Pachar LawRato

599 votes

Yoy can file divorce petition u/s.13B of hindu marriage Act for mutual divorce but for this you need to show seperation for at least 6month and then you both mutualy settled your dispute. You can also file petiton for judial seperation.

Advocate Deepika Ram Mahatkar LawRato

576 votes

Hii
If u are both wants to seperate..ifyour wife also wants ant she left her maintence right then u can get it bye mutual divorce, but your son has right to claim on your property as well as for maintenance.

Advocate Sushama Mohan LawRato

528 votes

Hello...
Pls give the full details ..... Example were u doth reside when u both got married. What is consent terms ... If you both are mutual agreed then u both will get divorce with 6 months and on same day u can get provisional order copy on end of 6 month.
Pls contact fr other details
Nusrat Khan

Advocate Nusrat Khan LawRato

528 votes

Hi. If you both are ready then u can file mutually divorce. @ the time of filing the counselling will take place and after 6 months final date you both need to present in the court. Where the divorce can be granted.
Best regards,
Adv. Jyoti Kolhe

LawRato LawRato

781 votes

I am answering you to considering you ad Hindu, Christian or other than Muslims you both can file marriage petition for divorce mutually and include all conditions like custody of child and in around 6 months you may get divorce ty

Advocate Aher Yogesh Mohan LawRato

724 votes

It is not clear that you and your wife still residing under the same roof. You can file the petition before the family court under the ground of Mental cruelty provided both of you stay apart.

Advocate Sindu R Kurup LawRato

898 votes

Were you married under the Special Marriage Act? Anyhow, your query reveals no facts, but mere surmises. In order to get a decree for divorce, you need to plead and prove instances as to marital cruelty. Or else, the only option is divorce by mutual consent.

Advocate P Venu LawRato

711 votes

Hai.

1st make sure whether her charater can be solved to make into a better life. Else only make it for a divorce. The only ground tats applicable in ur case is unconsumated marriage or cruelty by avoiding u. Its a bit difficult one but can be won with substantiate evidence.
Also do remember regarding the maintainance issues even if divorced
try a professional concillation or mediation talk

Hope am upto ur query

Advocate Manoj George LawRato

828 votes

Hello
If both husband and wife are agree for divorece then you can file divorce under section 13b hindu marriage act.it will take six months period for divorce.but on second motion both should be appear in court.

Advocate Deepak Sabharwal LawRato

958 votes

For mutual consent divorce one year separation is must and it take time of six months. There is no procedure to get divorce in 1 or 2 months. Without mutual consent u can file divorce petition and if opposite party is proceeded exparte, even then it can take 5 or 6 months. For detail advice u can call me

Advocate Sandeep Kumar Bawa LawRato

906 votes

whether she agrre or not but it require the minimum time period of 6 months and less than that it is not possible bcoz it is law and this condition is mandatory so you have to wait for 6 months thank you

Advocate Jagdeep Pal Singh Randhawa LawRato

597 votes

Yes, she can file fresh petition for divorce and they both can file mutual divorce as petitioners. But it is possible based on the plea of lawyer that court grants divorce in 2 months or not but possibility is there, whereas it could take 6 months maximum period of getting divorced.

LawRato LawRato

818 votes

Yes as per latest Supreme Court of India , Judgement ,if both parties are living saprete from the period of more then Six Month ,then District Judge can allow divorce petition and otherwise cooling period 6 months from the date of Frist statement , divorce petition filed under section 13B HMA

Advocate Ashwani Kumar LawRato