Hindu wife separated from husband and seeking divorce, please advise

519 votes

Dear mam you have to file a divorce case against your husband in the family court you are having right to file for mainataince and permanent alimony also I can help you in getting divorce from your husband. All the best
Regards
Syed razzaq ahmed Adv

Advocate Syed Razzaq Ahmed LawRato

946 votes

You can file diverse petition under Hindu law while you living separately .you can also file for maintance even though you get divorce you can also ask for the custody of your child and maitance for her also in court you will succeeded

Advocate Birudugadda Satya Subhakar Babji LawRato

807 votes

Court will not grant any one a divorce readily just like that. There must be really grounds on which you can seek divorce against your husband in a Court of Law. The grounds for divorce are adultery, cruelty, desertion (which should be not less than two years), unsound mind , disease, presumption of death(spouse not seen alive for 7 years or more) or non resumption of co-habitation for a period of at least one year after a decree of judicial separation granted by the Court. You say you are living away from your husband from June 2016. Your case also do not fall under desertion for that matter according to the details given in your query. You have not given any reasons for 'living separately ' from your husband. If your husband consents for obtaining a mutual divorce under section 13B of Hindu Marriage Act, it cannot be granted before six months from the date of presentation of Petition of mutual divorce. Mutual divorce can be granted only if both husband and wife have been living separately for one year or more. So some conditions have to be met under the law to seek divorce. Before you take any decision to give divorce to your husband think of your child. Why not go for counseling.?

Advocate C Hari Prasad LawRato

863 votes

Dear concerned,
You have not specified the reason for which you wish to seek divorce, in any case, You may simply file for a divorce case under Sec.13, if he agrees, you will get a mutual divorce, else you have to contest it. Further we always suggest/advise to try and seek help of relatives and community elders to resolve minor disputes and work for a patch-up rather than to go for a divorce. If you feel required, we offer Absolutely Free family counseling in such cases.

Advocate Moizuddin Ali Ahmed LawRato