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How to file a divorce petition on the grounds of cruelty/desertion
04-Mar-2023 (In Divorce Law)
Please help me here, i wanted to understand and seek an advice for divorce. whether is it possible to get the divorce by filing desertion and cruelty. when other party (wife) left my house in April 2014 and now she is ready to give divorce with mutual consent with getting/taking permanent alimony with household articles. One of my friend suggested me to file the desertion and cruelty by providing household articles with permanent alimony to get the divorce in a month or two. please help me in understanding the case. Also, my wife filed a CRPC 125 maintance case against me and till now nothing got paid by me (Actual maintenance hearing by judge is not done, net date is given in net month). Looking for an expert advice and suggestion on the above mentioned case. Thank you.
Hi
Any divorce proceedings will take atleast 9 months to 1 year.
Even a mutual consent divorce proceeding will take atleast 6 months as it is the rule of the law that a mutual consent divorce petition must be heard only after 6 months from the date of filing and not otherwise.
So not sure who advised you that a divorce proceeding will be over in 2 months
Any divorce proceedings will take atleast 9 months to 1 year.
Even a mutual consent divorce proceeding will take atleast 6 months as it is the rule of the law that a mutual consent divorce petition must be heard only after 6 months from the date of filing and not otherwise.
So not sure who advised you that a divorce proceeding will be over in 2 months
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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see when your wife is ready and willing to give divorce by mutual consent then you can file a case before the concerned court for mutual divorce and the 125 cr,p.c also can be closed by referring the matter to Lok Adalat for recording compromise between you and your wife if you both come to a conclusion.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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Dear Client,
You may file a petition for grant of divorce on the grounds of desertion, cruelty, and also on mutual consent. But it is better to settle the matter amicably by opting for mutual consent divorce by giving permanent alimony. Otherwise you should waste your valuable time and money in courts. You should attend each and every adjournment and you have to pay maintenance to your wife. You may get divorce on mutual consent of your wife.
You may file a petition for grant of divorce on the grounds of desertion, cruelty, and also on mutual consent. But it is better to settle the matter amicably by opting for mutual consent divorce by giving permanent alimony. Otherwise you should waste your valuable time and money in courts. You should attend each and every adjournment and you have to pay maintenance to your wife. You may get divorce on mutual consent of your wife.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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You can seek mutual divorce if both of you are living separately for more than two years. The facts of your case indicate that one of you had deserted the other. You can file a mutual consent divorce on the grounds of desertion & cruelty and in grounds of irritriveable breakdown of marriage. You can pay permanent alimony and return the articles. But you cannot divorce in a month or two. You have to wait for six months from the date of registration of your case by the Court. If your wife left you without reasonable cause you can contest the maintenance case filed by your wife under section 125 CR.PC and get the same dismissed. If your wife has job or other sources to maintain herself then you can contest the Maintenance Case. If in case you have minor children then you have to pay maintenance to them if they are living with your wife and under her care.
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Adv. C Hari Prasad
Nizamabad | 100+ Answers
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When ur ready to give the permanent alimony along with her household articles no hurdle is there for U to get mutual divorce, when U both file the mutual divorce everything should mention on which conditions U both come to this conclusion, automatically U freed from maintenance, consult an advocate near to U
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Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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