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I (husband), filed a divorce case on ground of cruelty. As she denied relationship, mistreated and d
18-Apr-2023 (In Divorce Law)
I (husband), filed a divorce case on ground of cruelty. As she denied relationship, mistreated and deserted me in my hospitalization. Divorce filed in Nov 2015. It was filed within 1 yr of marriage , so I did not filed under desertion. I filed under cruelty. After 1 yr cooling off from date of filing, wife filed hma24 in Feb 2017. Now it took 2 yrs to dispose of that hma24 (biased order against me ), so I will file appeal. But already 4 yrs have gone, with appeal & further unpredictable delay further. She also wants divorce but high alimony beyond my capacity & her worth. So mutual agreement could not be formed. Is there a way that if I file some application before HC/SC that when both parties demand divorce but not settled on mutual then instead of delaying and wasting their life's on hma24/proceeding, court may grant divorce and then continue to arbiter on quantum of alimony or maintenance in hma25. Is it even possible? The law/act does not say that it is not possible. How to do?
hello ashish
as I have read ur query u want divorce from ur wife. as you were aware tht it will take hardly a year or so but due to so many reasons the the matter is still pending in the court and the duration of time is 4 years has already passed away in ur life as wated so in this matter things are possible tht u get divorce easily and fastly but for giving you the accurate remedy we need to go through the whole cases then only it will be possible. tht you can get solutions for ur divorce issue thanks.
as I have read ur query u want divorce from ur wife. as you were aware tht it will take hardly a year or so but due to so many reasons the the matter is still pending in the court and the duration of time is 4 years has already passed away in ur life as wated so in this matter things are possible tht u get divorce easily and fastly but for giving you the accurate remedy we need to go through the whole cases then only it will be possible. tht you can get solutions for ur divorce issue thanks.
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Dear client,
One question I would ask you that have you filed Divorce petition yourself or through a Lawyer, if through lawyer then he has mistaken for legal point of filing.
As you said that you filed for divorce within one year of your marriage, which should not be for divorce but should have been the petition for Judicial separation u/s10 of HMA, and the after completion of one year, that petition could have been converted of tied up with divorce petition.
She can claim under 24 even if mutual divorce is filed which is open still . There is no binding or bar for not filing for mutual divorce. And if there are no chances of mitigation then 6mth period may be waved off by court concerned.
Fir needful legal discussion and legal advice you may contact for consultancy.
Thanks
One question I would ask you that have you filed Divorce petition yourself or through a Lawyer, if through lawyer then he has mistaken for legal point of filing.
As you said that you filed for divorce within one year of your marriage, which should not be for divorce but should have been the petition for Judicial separation u/s10 of HMA, and the after completion of one year, that petition could have been converted of tied up with divorce petition.
She can claim under 24 even if mutual divorce is filed which is open still . There is no binding or bar for not filing for mutual divorce. And if there are no chances of mitigation then 6mth period may be waved off by court concerned.
Fir needful legal discussion and legal advice you may contact for consultancy.
Thanks
Helpful?
Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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I would suggest for mediation to settle the matter ASAP and convert it to mutual divorce. either Court will provide you or take the help of government mediation center. where are you located write now??
Helpful?
Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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