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Divorce related information in Mumbai


09-Jun-2023 (In Divorce Law)
6 yrs relation.after marriage 8 months stayed in matrimonial home.left matrimonial home due to abusive languages and behaviour .8 months staying in different place separate. Can I apply for mutual divorce or contested divorce. Is there any such time for separation.
Answers (6)

Answer #1
909 votes
Yes you can apply for divorce petition on the ground of cruelty and also you have number of alimony rights under law. If you both are willing to divorce each other with free consent then you can file Petition under mutual consent. Court will give you further date of six months and then court will pass decree.
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Advocate Manoj Mulchandani

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Answer #2
875 votes
Lot of facts need to be informed to arrive at proper legal assessment of your situation and probable legal actions based on the same. Nonetheless mutual consent divorce is possible when both husband and wife are ready to divorce on mutually agreeable terms by way of mutual consent divorce. If one of the party is not ready then other party has to file unilateral divorce petition against the other party.
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Answer #3
790 votes
after completing 1 year to marriage if both husband and wife wish then they can apply for mutual divorce. For applying mutual divorce 1 year separation is compulsory. If u resided in separate place then after one year of marriage u can go for mutual divorce subject to consent of other party
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Advocate Vanita Yogesh Orpe

Adv. Vanita Yogesh Orpe

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Answer #4
851 votes
Dear queriest, as per your query you have mentioned regarding duration of separation to file divorce petition for mutual consent or to go contested, it is suggested that if both the parties are ready to opt for mutual consent then you can proceed with the same by a separation period of at least 1 year. and in case if you want to go for contested under the grounds of cruelty then you can file any course of time.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #5
522 votes
No their is no such time if you are contesting on the ground of cruelty however in the case of mutual divorce a cooling period of one year continue speration is needed as per law for further details contact
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Advocate Rakesh Tiwari

Adv. Rakesh Tiwari

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Answer #6
945 votes
it seems you have left the home due to the harassment and cruel treatment at the matrimonial home if you and husband could agree to get separated on some mutually agreed terms ...you can go for mutual divorce. else can file a contested divorce under cruelty and get maintenance from husband as well. desertion has to be of two years if want to plead on the ground of desertion. contact me for further advice .
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Advocate Susmita Jagtap

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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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