How can I file for divorce

596 votes

Hi
Your daughter will get share from your share of property. She will not get any share from the property transferred to your sister.

Your daughter is your legal heir and she has right over the property that you inherited from your father. she also has a right on your self earned property (assuming you do not write a will or gift to others during your life time). A suit for partition is based on this right.

Maintenance is also based on her rights. Maintenance rights and Rights on property are two different rights and cannot be clubbed.

in fact, the daughter has the right to ask you to provide her maintenance till her marriage from your self earned and ancestral properties.

Advocate Rajagopalan LawRato

575 votes

As per your question and situation this marrige is like contract if you want break this relation so file divorce petition against your husbannd by mutal consent or without consent by section 13 Hindu marrige act desertion

Advocate Chandrhas Singh LawRato

868 votes

Your husband is live in USA more then two and half ur .u r unable to contract them so u files suite u/s 9 of HMA for restoration of conjugal right /or other section of relevant act in appropriate court ,so gets reply in court also file u/s 125 of cr p c

Advocate D D Purohit LawRato

540 votes

1) Your visa will not get effected if you get divorced. 2) As a statutory rules you need to wait for 6 months even if you file a mutual divorce though you stay separately from each other as husband and wife. Mutual Divorce will take around 7 months from the date of filing of petition.

Advocate Jagadish N LawRato

844 votes

To maintain a petition for divorce solid reasons should be given including proof of the same including documentary just on filmsy grounds you cannot file case for divorce and more over you have not mentioned about children born out of the wedlock

Advocate Mohammed Arshed Ahmed LawRato

991 votes

Sir you can file a divorce petition against her..but for that we should have a strong and genuine ground.. However if the divorce petition is files then the custody of baby girl will be granted to the mother

Advocate Hemant Chaudhary LawRato

791 votes

Dear client,
It is always better to settle issues with your spouse for the sake of new born child.
If you still want divorce then post your query again with complete facts, especially, with ground for such hard decision.
Your query doesn't contain complete facts.
For further clarification or assistance you can call or meet me.
Regards

Advocate Suneel Moudgil LawRato

913 votes

You may be able to get divorce on the grounds available under the law. you must approach some Good lawyer for the same. for more specific advice on your matter you may contact me.

Advocate Vivek Nasa LawRato

984 votes

first of all, it is important to note that what is the date of marriage,

your religion etc which is not mentioned in your query,

You cannot file divorce petition within one year of marriage,

in your case it seems that you want to file on the ground of cruelty, so you have to send us your entire story regarding what actually happened in your married life.

than only we can make grounds of divorce, if any, based on your story

Advocate Harish Malhotra LawRato

699 votes

There are number of grounds for filing an application for divorce. Since you have not given any facts about her behavior to prove that she is a bad soul the matter will have to be discussed in details in personal meeting.

LawRato LawRato

941 votes

You need to gather minute details of how is your wife cheating on you, get hold of a professional detective who would get you evidence which should be clearly visible to prove your wife is cheating on you and on grounds of adultry you can seek for divorce

Advocate Aveek Bose LawRato

957 votes

Hi,
You can file for a divorce but before that you need to take few measures to substantiate your claim in the court while getting divorce. But you should know that it is not an easy process. That's why it should be discussed thoroughly over phone or in person.

LawRato LawRato

949 votes

You have to narrate your case properly...in a concise form. Its better to consult with an Advocate, after consulting with him or her as per legal requirement of the case, the Plaint/ application for divorce should be drafted.

Advocate Hirak Sinha LawRato