Assistance for filing one sided divorce

654 votes

Hai Madam...
I will assist you with respect to the issue that you have raised.

You need to file for divorce under Hindu marriage act before the family court and the case will take it's course of action

for more details fix an appointment with me through LawRato

Advocate Rupesh R LawRato

525 votes

Hai..
I will assist you with respect to the issue that you have raised

you need a file petition seeking divorce under Hindu marriage act. further case will take it's own course of action

for more details fix an appointment with me through LawRato

Advocate Rupesh R LawRato

543 votes

you need to collect all the necessary documents including wedding card, marriage registration certificate if it is there, marriage photograph and local address proof along with aadhar, after all this you need file for contest divorce if he is not ready and if by any chance he is ready to go for divorce then you can file for mutual.

Advocate Abhijeet Singh Rathore LawRato

919 votes

Dear Madam,

What is the procedure for obtaining divorce by mutual consent?

1.    If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.

2.    Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.

3.    Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.

4.    If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.

5.    In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.

6.    However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.

7.    After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

8.    The marriage will stand dissolved from the date of such decree passed by the Court.

Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.

Advocate Kishan Dutt Kalaskar LawRato

652 votes

Dear Madam,

What is the procedure for obtaining divorce by mutual consent?

1.    If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.

2.    Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.

3.    Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.

4.    If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.

5.    In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.

6.    However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.

7.    After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

8.    The marriage will stand dissolved from the date of such decree passed by the Court.

Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.

Advocate Kishan Dutt Kalaskar LawRato

698 votes

you always have the freedom to obtain divorce even without the consent of your husband but first I need to know what kind of marriage you went through. whether it was a private ceremony involving certain rituals are weather it was a registered marriage under any provision of law.

Advocate S.K Prabhakar Shetty LawRato

937 votes

if you have proper ground and evidence for praying divorce you can file that. but initially try to give legal notice thereafter file the case. after legal notice if he come forward for divorce thsn it will less time consuming. thank you.

Advocate Anindita Chakraborty LawRato