I need a advice regarding Divorce proceedings


Sir/Madam, I am a 30year old married banker, I have married for nearly 2 years. My wife is from a different caste. Ours was a love cum arranged marriage. Issues started cropping up regarding too much financial expectation from me, she started harassing me hitting,biting and hurting me physically as well as mentally. She used to visit my place of work and harass me. Now we have been separated for a month. How can I proceed with divorce , should I send a legal notice first or apply directly for a divorce petition. Please guide me.

Answers (4)


83 votes

Dear sir,
as per your query, if you want to get divorce from your wife, legal notice is not necessary, you can file divorce petition to competent court for divorce on cruelty ground. if you want to get back her you can send legal notice for restitution under section 9 of Hindu Marriage act.


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248 votes

Hello,in divorce case sending legal notice is not compulsory.Without sending the notice you can file divorce petition.There must be grounds for divorce like desertion cruelty non consummation of marriage etc

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334 votes

Dear friend,

Your marriage comes under the purview of Special Marriage Act. There are two options for you while going ahead with your divorce petition. One is to apply for divorce
under section 27(1)(d) of the Act : Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
has since the solemnization of the marriage treated the petitioner with cruelty.

Second option is to apply for divorce under section 28 of the act which provides for divorce by mutual consent.

180 votes

It is best to talk to her and file for a divorce with mutual consent which will take comparatively much lesser time to complete. On the other hand if you file for divorce individually and she contests the divorce, it would take years to resolve. So, I suggest both of you apply for mutual divorce. Please talk to a lawyer if you want to know the procedure in detail.

Thank you,
Prerana

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