Divorce

859 votes

Your first marriage would be registered in the records and hence it is not advisable to suppress the fact from court. Marriage certificate can be obtained from the office of registrar where you got married.

Advocate Salim Ambar Inamdar LawRato

905 votes

You can defi1seek divorce on the grounds of concealment of material facts about the previous involvement of the husband in the crime of heinous nature and can also get it .
It all depends on the facts and circumstances of each case so brief us more accurately for better assistance.

Advocate Suneel Kumar LawRato

987 votes

You had your court marriage and thereafter you married again according to hindu rituals.
you married twice with same person, it had not added anything to your relation, as he was husband and even after second marriage status is same. You can file for divorce to end this relationship. After divorce marriages are dissolved.

Advocate Anil Upadhyay LawRato

511 votes

Madam I can assist you with your matrimonial disputes query.you can surely file for a divorce .
If your marriage was registered prior to the ceremonial one that shall be considered the date of marriage

Advocate Shruti Agrawal LawRato

538 votes

You must seek divorce as per Hindu Marriage Act and obtain a decree from court. Till the time you are not legally separated you cannot have second marriage. His being in jail for last two years itself is a ground to take divorce. Follow law and proper procedure to have a safe and sound future.

Advocate Anand Kumar LawRato

772 votes

You need to come and meet with prior appointment to discuss in detail with all relevant papers. If you have lost papers, you must be remembering the date of your marriage. If the date is known, it can be traced.

Advocate Pradeep Mathur LawRato

594 votes

If one of the spouses is not wiling to give a divorce to the other spouse, then it is known as contested divorce.

For filing of the contested divorce a divorce petition is to be drafted and presented in court. The contested divorce is only granted on certain grounds which are mentioned under Section 13 of the Hindu Marriage Act.
Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955:

1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
?
(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

And for this purpose you will have to consult a lawyer to engage with the proceedings.

Advocate Siddhant Sharma LawRato

979 votes

Mam have you field divorce petition in any court. Have you filed any other suit against your husband in any court. Are you taking any maintenance from your husband and what are gtounds on which you wants to seek divorce.

Advocate Manish Kumar Pandey LawRato

966 votes

U have certain options, u can go for mutual divorce u/s 13 B HMA, but as u said ur husband is not interestd to give u divorce, u can file appliacation for divorce u/s 13o the ground that there is no conjugal relations between u and your husband, but in that case u have to go through mediations and in your case it is bit difficult to get divorce.
In my opinion U can file aplication u/s125 crpc for maintenance for your expenses,in case opposite party fail to pay u,regular maintenance or does not pay ,then u can easily get divorce.
Or u can also go for judicial seperation u/s 10 on the same ground as of divorce, in this case if you live apart from.your husband for one year then it will be a case of breakdown of marriage , and u can get divorce.

Advocate Jaswant Sandhu LawRato

844 votes

Helloregarding your inquiry for divorce. You can take divorce even your partner don't want. For this you will have to file a divorce petition in family court. From where you are talking. You can contact me.

Advocate Vibhore Goyal LawRato

960 votes

Hello client
I have read Ur issue if Ur willing to file the divorce then u should first open up Ur issues so the things can get easier to understand.pls specify the reason tht why Ur willing to ask divorce from Ur wife.if Ur asking divorce then u also want to have custody of the child also or not.

Advocate Vishwanath Pratap Singh LawRato

952 votes

Since you're living away from your family, it is natural that you're unable to enjoy a happy married life. Marriage is a sacramental bond between two people and should not be broken easily on petty reasons.

However, if you and your wife are unable to solve this impasse of long distance then there is no other option but to seek separation. Such a situation has resulted in irretrievable breakdown of your marriage.

If both (you and your wife) agree to part ways then you can file a case for divorce by mutual consent, otherwise you can go for divorce as per other provisions of the Hindu Marriage Act.

Advocate Sheel Pathak LawRato

788 votes

If you would like to have divorce from your wife, you may file the proceedings U/s 13(1)(ia) of HMA against your wife seeking divorce on the grounds of cruelty and if you have some more grounds to seek divorce, Sections may add-on in that divorce petition. There are numerous grounds for divorce. Now, in your case, question arise that whether you are living separately from your spouse and if yes, then from which date because the date of separation is must as far as the divorce is concerned. For more details, you may contact me to have appointment to get consult your matter.

Advocate Yogesh Gaur LawRato

907 votes

Hi how many years were the marriage been done where did the marriage take place and all why do u want to take a divorce and all what are the steps which is been taken did U talk to your wife regarding the solution for the divorce what did she say did u guys sit and sort out the solution so that u can live peaceful and all what is ur wife saying and all what does she want does she want the same thing

Advocate Yash Karan Jain LawRato

954 votes

Dear Client

You need to file a contested divorce petition before the family court, where either you last resided together with your wife; where marriage was solemnized or where your wife lives. Get it filed through an advocate. Feel free to discuss various possibilities with me over call or make an appointment to meet at my office.

Advocate Mrinmoi Chatterjee LawRato

996 votes

as your as you are saying that you want to have a live live in relation with someone else and you want divorce from your husband did you not like him or whatever the reason you are having that that is not a concern concern is that live in relation is allowed or it is partially allowed but not fully supreme court orders order is concerned that matter oral condition of your life the judgement does not allow anything that you are allowed husband been married wife in any condition

Advocate Vishwanath Pratap Singh LawRato

618 votes

Hi first of all u can file a divorce under Hindu marriage act and all u can tel the court everything and all when was the marriage and all what year was it what was the promblem why do u want to divorce u can also file a report in women cell and tel them u can file a case

Advocate Yash Karan Jain LawRato

728 votes

Hi,

Regarding your query. Without a shadow of a doubt, you can absolutely proceed to initiate Divorce Proceedings against your husband. The Hon'ble Supreme Court may have decriminalized adultery, but they havent provided the public with the 'carte blanche' judicial authority to do as they please behind closed doors , that too without any consequences.

Adultery continues to remain a ground for initiating divorce proceedings and you may claim the same on those grounds.

As you are not intending on claiming alimony,I would suggest you initiate a talk of obtaining Divorce by Mutual Consent with your ex-spouse as that is relatively more cost effective, and saves you years of your life rather than running around the Courts for years with a slim chance of sunshine.

As for living with any bachelor man, at present, I would avoid those situations for while as you frequently see photos and videos taken out of context and put up before Court for grounds of Divorce. The rest of the advice would be dependent on the intricacies of your case of course. Do get in touch if you need to clarify further queries.

Advocate Anuj Nair LawRato

762 votes

Dear Client,

You may opt for divorce, and same time you may contact with your bachelor frd. or live with him after SC stands adultery issues. If he would be for mutual then opt for the same to cut the duration of divorce time taking process.
Now , there is no problem being in adultery, but it is a ground for consideration for divorce instead. First you be in relationship, let reveal it to your husband , and prompt him to take divorce, once he say so , go for mutual.

Advocate Sanjay Kr. Jha LawRato

717 votes

This is my response to you:
1. There is no way out of it completely but you can reduce the same;
2. If you have debts or loans then you can reduce the alimony;
3. You can also show your expenses and how it will be difficult to pay high amount of alimony;
4. You can also show your wife earns more than you;
5. This will be ascertained from your IT returns;
6. Consult a local lawyer and take steps.

Advocate Gowaal Padavi LawRato

615 votes

Dear queriest, there are no any ways to avoid the alimony amount after getting divorce unless you are going to financial crises or is been jobless for long time. But if there is no any reason and you fail to pay the maintenance then you shall be I. trouble for not following the order of the honorable court.

Advocate Dhananjay Ravikant Gangawane LawRato

761 votes

Dear client,

Ha agar ladki shadi se phele sa unsound mind hai to ye ground ha divorce ka. Agar aap ka divorce ka case file karne ka baad ladki wale case file karte hai to aap court mai ladki ka medical paper dekh sakte ho. Dear client for more clarification u can contact me and I m happy to help u.

Advocate Mudassar Khan LawRato

728 votes

In this regard, I advice you that the said case is best case for annulment of marriage under Section 12(1)(c) of the Hindu marriage act wherein you can convince that the consent of marriage was obtained from you by your in laws thereby playing fraud upon you and your family wherein they have concealed the factual of such disease or illness which they ought to have disclosed at the of the marriage. For further clarification, please contact.

Advocate Ujjwal Jain LawRato

528 votes

if you have proof that she is of unsound mind since before marriage and it was hidden from you and at the time of marriage you didnt know that she is of unsound mind, then you can file for divorce on that ground and it should be granted

Advocate Rohan Sharma LawRato

852 votes

नहीं, जब तक तलाक का प्रकरण न्यायालय में चल रहा है आप दूसरा विवाह नहीं कर सकते।

जब तक न्यायालय तलाक की डिक्री पारित नहीं कर देता, दोनों पक्ष पति-पत्नी ही रहते हैं। ऐसे में दूसरा विवाह गैरकानूनी होता है। और न्यायालय द्वारा पारित डिक्री के बिना दोनों पक्ष दूसरा विवाह करने के लिए स्वतंत्र नहीं होते हैं।

Advocate Sandeep Naik LawRato

544 votes

आपने जो डायवोर्स फाइल किया है उसमें कोर्ट ने अखबार में पब्लिकेशन कराने का ऑर्डर कर दिया है अगली डेट में आप के मुकदमे में कोर्ट एक पक्षी कार्रवाई करते हुए आपका तलाक एक ex Parte order करने हेतु evidence के लिए आदेश वित्त करेगा उसके बाद आपका साथ एक ex Parte evidence कोर्ट में रिकॉर्ड हो जाएगा वह आपको एक पक्षीय तलाक मिल जाएगा

Advocate Vishal Kumar Yadav LawRato

982 votes

hi
yes it can be a ground of divorce.
do you have any child ?
do you have any proof that she was unsound mind before marriage?
depends upon the facts and circumstances of your case so for that you have to tell me the whole story regards

Advocate Aastha Jain LawRato

902 votes

Hello,

Firstly bring it to notice of the bench about such malicious act by your wife. Usually there is no time limit to decide such cases, only an application can be made to court against such act by the wife. You may also file an additional affidavit with new evidence stating it is causing harm and harassment to you while wasting the time of court too. Feel free to contact me if you need any further assistance.

Advocate Varun Vij LawRato

983 votes

Dear queriest, as per your query you have mentioned about the fact that you want to know the period of ex parte divorce, up-to how many days it take, it is suggested that it may vary from court to court, normally it may take 6 to 9 or a year. for more information in detail kindly call me for the same.

Advocate Dhananjay Ravikant Gangawane LawRato