What is the procedure for filing divorce.

775 votes

Filing divorce is not difficult. You need to consult your nearest lawyer upon whom you can rely. The process is likely to take some time but you'll get the divorce. The law is same for all and woman is not special under legal provisions. Do not worry about threats. Proceed with your action without delay because delay is against your interests.

Advocate Rajiv Sharma LawRato

904 votes

please immediately send her legal notice to come back to your brother and stay with him.

if she does not comes and stays then you can file legal proceedings against her in the court including divorce or for staying together.

Advocate Namitabh Kothari LawRato

670 votes

Filing divorce under the ground of cruelty would be ideal
But the marriage has not even completed a year so far, so it would not be right and even permissible under the law to file it right away.
But if there are instances where she has hit your brother or so, something really grave i mean then in that case you can file a Divorce Petition and attach a Special Leave Application seeking permission from the Court to proceed the matter even when 365 days after the marriage is not over.
If you have left the job, please keep a resignation letter in hand.
If you have left the job, then too whenever you choose to file a Divorce Case, the opponent will come up with an interim application for Maintenance.
And yes maintenance will have to be paid presuming she is not working. If she is working and you have prima facie substance to show that there is a high chance that maintenance may get rejected for her. But in the alternative Maintenance can also be awarded as per lifestyle of each person, AND THAT IS WHERE THE SKILL AND ARGUMENTS OF YOUR LAWYER comes into action.
As far as Divorce is concerned you have to prove that your wife was cruel to you.
And i am advising you cruelty because it has a very wide probability; cruelty can swing in a vast amount of ways.
As far as how much you will succeed or not, i really cannot be a judge of that. There might be a lot of things which you havent even mentioned here. So only after the entire detailed aspect, i can come to a ratio of how much likely will you succeed in it.

Tip: 1. Start getting recordings of the meetings or any talks hereafter
2. Assume she is under advice from another lawyer
3. If there is a slight possibility of Chance of living again together happily since the marriage is just too fresh, dont waste the energy and money behind lawyers(including me). Lead a Happy life and if its the alternative you already know what to do :)

I Hope you get my perception based on your data
Take Care

Advocate Mrinal Pillai LawRato

791 votes

Dear client first send legal notice through lawyer to wife and ask her to come back to matrimonial home. If she will not come back then file divorce after completion of one year of marriage. For any legal help call me

Adv prasad

Pune

LawRato LawRato

795 votes

Under section 13-B of hindu marriage act you can file with mutual consent. Firstly ask your husband whether he is ready to give you divorce, if yes then you both can file a joint divorce petition in family court ,if he is denying than you have to prove the certain grounds in the court on which your filing for divorce.

Advocate Mayank Manghwani LawRato

861 votes

Procedure is very simple if you want to file divorce under section 13(b) of Hindu Marriage Act.
All you need to file a joint application under the said provision, before the appropriate Family court, stating all the relevant facts and circumstances. Normally the court grants the party further 6 months time for re-evaluate the decision of divorce and after the expiry of 6 months if both the parties are adamant for separation then the court allowed the application for divorce and pass the decree.

It may further be noted the the period of 6 months can be reduced at the discretion of the court.

Advocate Nitin Agarwal LawRato

625 votes

No divorce petition can be admitted within one year of marriage.

Extra-marital affairs of spouse are not sufficient grounds for relaxation in one year waiting period. Even divorce by mutual consent under section 13B cannot be filed.

Your friend will have to wait for completion of one year.

Advocate Sandeep Naik LawRato

983 votes

File a divorce petition for divorce in the grounds of cruelty.also file a police complaint against your husband and maternal side relatives also file a case of domestic violence

Advocate Sanjeev LawRato

974 votes

In your case a case of domestic violence and maintainance is recommended. YOU may also file a complaint under section 498A IPC if there has been a demand of dowry from your husband or in laws. For further assistance you may contact us for initiating the litigation.

Advocate Lalit Valecha LawRato

842 votes

Please file a Section 13 Petition in the jurisdiction of the Family Court where you reside. And also ask for the maintenance for your two children. Please consult a good divorce lawyer. I do not know of you are residing with your husband right now or not.

Advocate Manisha Ambwani LawRato

886 votes

For filing divorce there are two ways, first you can file divorce on mutual base after signing the settlement deed and second option filied on merits, on merits you have to show ur have been treated woth c

Advocate Manoj Kumar LawRato

541 votes

You can filed for divorce on the basis of the cruel incidents as yo hae complained about in your query. Please note that the same is a ground for filing such a matter and the courts do grant divorce if a case is made out.

Advocate Shobhit Bhatia LawRato

698 votes

Your case is a bit ticklish for want of facts in detail - pls send the entire facts e.g. How d marriage took place - to know whether it's valid marriage or not? Her allegations made against you qua rape?? Subsequent acts & omissions committed by both of you etc etc, before any effective legal advice could be given to you

Advocate Sanjeeva Gupta LawRato

951 votes

Dear client,

i advise you to settle the matter with her, don't run, just face her and try to settle the matter. if you both want divorce you can definitely get the same from the Ld. Court in a very short time but if she refuses to give you divorce then you have to fight for the decree of divorce which is a lengthy process. however, you can file the divorce case.

for further clarification/assistance you can call/meet me.

Regards,

Advocate Suneel Moudgil LawRato

741 votes

Dowry / Cash at the time of marriage is a separate issue. You are into a marriage relation for 2 years. What I find from your views is that you want a divorce for the only reason that she is abusive towards your parents. Would like to know if you are living separately from your parents or along with them ?
You both need to discuss the issue with each other, then thinking of divorce.
However Divorce can be filed at the place of residence of either of the spouse.

Advocate Ramesh Agarwal LawRato

558 votes

Well, it prima facie appears that you can initiate the divorce proceedings on the ground of cruelty. However. Since courts are generally inclined to pass decree of divorce in favor of the wife more swiftly as compared to husbands, it is advisable to first file a petition for judicial separation on the grounds of cruelty whereby upon passing of a decree of judicial separation you would have to stay separately from your wife for 1 year and then this judicial separation further becomes a ground for divorce which kind of expedites the process of finally obtaining a decree of divorce.

As far as the Dowry harassment case is concerned the same would depend on the facts of the case.

Advocate Sandipan Mohanty LawRato

901 votes

hi
if she is ur file then how can she file rape case, if not then she can file , n wat about previous rape case.. u have confusing story, give brief.

Advocate Puneet Sharma LawRato

819 votes

As 498a a has been filed against you so first of all you have to take Anticipatory bail to get bail without arrest. As she has filed dv case against you so you can also file divorce petition against her. And you can also file dv case against her. For further fog info contact me

Advocate Shashi Chaturvedi LawRato

762 votes

Hi
If those cases filed against are proved false then you have a strong change of getting divorce without any obstruction. But we cannot wait till those cases are disposed of. Till that time you need to build your case strong with merits

Advocate Rohit Shaligram LawRato

956 votes

First u give her notice for restitution of conjugal right u/s 9 A of Hindu marriage act. If she don't respond to that then u can file divorce petition in the court of law for dissolution of marriage. Regards

Advocate Bharat Pandirao Pawar LawRato

954 votes

Hi if want divorce than the best option is to collect some proof to show that she is making only throw your parents out check whether her parents r involved and did she has any pre/post marital affairs.

Advocate Mrutyunjay Mahendra Bhokhare LawRato

834 votes

Dear client if both husband and wife r ready for divorce then they can file mutual divorce and with get divorce in six months. If any 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

659 votes

Few factors are taken in to consideration before filing a divorce petition. Firstly, the marriage registration under Hindu or Christian or Muslim or special marriage act. Secondly, as there are different reliefs in divorce, if it is mutual consent divorce under Hindu marriage act then as per section 13-b of Hindu marriage act the petition will be listed and filed accordingly. Thirdly, the documents required for proof or wedding are essential viz. marriage certificate, wedding photographs and wedding card, in case of no marriage certificate to be produced then wedding photographs and card is needed.

Lastly, during the filing procedure along with the petition the verification, affidavit and vakalatnama with the signatures of the parties along with photo identity and address proof is required. Once filed, the court provides you with a lodging number and next hearing date.

Advocate Kabir Khan LawRato

518 votes

Hii
There are two types of Divorce
1) Divorce on merrit
If one party is not ready for divorce then other can direct approach to the court.
2)divorce bye mutual consent
If both parties i. e, husband and wifeare ready to take the mutual divorce.
For further legal advice... Contact me.

Advocate Sushama Mohan LawRato

872 votes

The procedure is very simple, after completion of a year if both parties are ready for mutual divorce, you have to file the petition in court then after 6 months, a date will be given to you as 6 months is cooling period before which you cannot take divorce. Again both have to present before honble court and divorce decree would be passed

Advocate Shashi Chaturvedi LawRato

682 votes

Dear client divorce is off two type. One is mutual and other is contested. When both husband and wife r ready for divorce then they can file mutual divorce. If one of spouse is not ready for divorce other has to file contested divorce on grounds like cruelty adultery desertion as per his case.

Advocate Siddhant Sharma LawRato

955 votes

Hello,
YOUR matrimonial life has been broken down irretrievably. come for a counselling in person or fix an appointment with me for finding way out or solution. In the counselling i will be able give you valuable ideas that will givse you revelation and find solution for all your problems. Call me in my mobile

Advocate B. Sivasubramanian LawRato