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Divorce - Hindu couple living separately since last 1 year


11-Feb-2024 (In Divorce Law)
Me and my wife (both Hindu) are living separately since last 1 year. She is carrying our 5 year old child. There has been no communication since last 6 months. We both seem to be looking for separation but due to zero communication since last 6 months.. Need legal advice on next steps.. as atleast I know we can’t live together. Wanted to know the implication if I file for divorce rather than talking to her before filing it.
Answers (5)

Answer #1
599 votes
It is best to talk to her to file for divorce on grounds of mutual consent. However, if you have been subjected to cruelty by your spouse, then certainly you will be able to avoid a larger legal battle.
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Answer #2
947 votes
Divorce can be filed on some grounds - like cruelty, desertion, adultery, etc. First of all, it needs to be determined whether any of those grounds are present. Secondly, the question of quantum of maintenance and alimony will come into question since you i.e husband is seeking divorce. So all these and some other factors will be relevant while considering whether or not to file for divorce straightaway.
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Answer #3
872 votes
It’s better you speak to her for mutual divorce which will get you rid from future litigations. Before talking to her plz do your proper home work as advice by your advocate. You need to hire expert advocate in this regard
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Answer #4
960 votes
sir no you cannot file the divorce firstly before then your wife . you can only file the section 9 application but you have many chances of filing the divorce if you want .if u interested to get more information that how can you file divorce then pls contact me on my phone number
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Answer #5
743 votes
Hire an advocate they will told uou about all your legal queries and what’s their consequences and what matters you should file to get relief easily in your matrimonial issues as soon as possible .They will explain you in brief about divorce process or related cases and helps in providing relief in legal issues
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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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