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Divorce and child custody query
05-Jul-2023 (In Divorce Law)
Suppose a husband and wife is not met with each other for a year and there is no connection between, husband wants to have divorce but not wife and also they have a child (minor). Is divorce possible in this case and who will have to bear the maintenance cost of child if mother is not working?
नमस्कार, मैं सुशील कुमार गोठवाल एडवोकेट ने आपकी समस्या को पढ़कर समझ लिया है। आपको परेशान होने की आवश्यक्ता नहीं है फिर भी यदि आपकी समस्या का निदान नहीं होता है तो आप कॉल कर सकते हैं। आपको तलाक मिल सकता है। आप लोग कितने समय से अलग रह रहे है। क्या आपकी पत्नी बच्चे को देने से इंकार कर रही है
धन्यवाद।
धन्यवाद।
Helpful?
Adv. Sushil Kumar Gothwal
Ujjain | 200+ Answers
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One of the spouse must file a petition of divorce in the family court in their jurisdiction. The petition should clearly state the grounds for divorce.
They must also reassure the family court that they have been living separately for a period of one year and above. Also, that they no intention to continue co-habiting.
The court after being assured for their intention to separate will issue a decree of divorce which will declare that the petitioners are no longer legal married.
Post-divorce there is a cooling off period, which depends on the personal law under which the divorce decree has been filed. During this cooling off period the spouses are free to challenge the divorce decree.
Once the cooling off period is over, the petitioners are free to marry any person of their liking or stay single, if so they choose
They must also reassure the family court that they have been living separately for a period of one year and above. Also, that they no intention to continue co-habiting.
The court after being assured for their intention to separate will issue a decree of divorce which will declare that the petitioners are no longer legal married.
Post-divorce there is a cooling off period, which depends on the personal law under which the divorce decree has been filed. During this cooling off period the spouses are free to challenge the divorce decree.
Once the cooling off period is over, the petitioners are free to marry any person of their liking or stay single, if so they choose
Helpful?
Adv. Sachin Nayak
Bhopal | 25+ Answers
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