How to file divorce against husband


I want to understand the following: [1]. Procedure for divorce by husband and joint petition [2] whether wife can claim any right on husbands property before or after divorce [3] both husband & wife were last stayed in Mumbai. In 2012 wife got a job in Kolkata and shifted there. now she wants divorce by filing a joint petition but in that joint petition she does not want to mention that she has all her streedhans are with her, she also not ready to mention in the joint petition that in future she will not file any civil or criminal case against husband or his family members. Please advice legal remedy, time frame for final decree whether contested or otherwise, your fees.best regards,Dr Banerjee

Answers (3)


88 votes

Hello Dr. Banerjee.
1) Mutual Consent is a simple way of coming out of the marriage and dissolve it legally. The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. Time duration in mutual consent is from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

2) If the divorce is through mutual consent all the claims has to settle before moving the joint petition. It is very much necessary to decide for husband and wife on two aspects and have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
3) As you are living separately for a period more than a year and during this period of separation you have not been able to live together as husband and wife.
you can present the joint petition for divorce
4) If the property is owned by your parents wife cannot claim property. If you are a hindu, the inherited property can be claimed. If its self acquired property of your mother or brother she will have no right to claim.She definitely has rights to claim 1/3rd of your income and assets that you own.
Its observed, in some cases, the court has decided that wife will not get any alimony or maintenance if the husband is successful in proving she is well to do and is capable of earning a good income.

Regards
Adv. Sudha Mane


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142 votes

1. There is provision for husband for divorce which you have to understand on what grounds you can file and what are the legal steps you can take only by discussing. Joint Petition in the sense you can file Mutual Consent Petition under section 13 B of the Hindu Marriage Act.
2. She can have claim / rights on husband property but for same we can defend.

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99 votes

both of you can go for mutual consent divorce and you can put in this petition that both of you no claim each other and both of you will not file case against each other and both of you can go for remarriage after divorce all of the clause can put in this mutual consent divorce petition and after 6 month you wil get divorce as per both of you consent.

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