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Legal procedure for contested divorce
25-Mar-2023 (In Divorce Law)
I want to divore my wife but wife didnt give me a divorce than wat should i do
Yes dear it is possible so for that u have to file petition in family court under section 13-a and after file petition court will pass the appropriate order on basis of ur reasons of one sided divorce p
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Adv. Prashant Chavda
Adv. Prashant Chavda
Vadodara | 50+ Answers
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for a mutual consent divorce consent of both parties is must if your husband is not ready to give you divorce you can file a divorce petition after one year from the date both of you are living separate on the ground of cruelty etc.
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yes , you can file a divorce case on the basis of cruelty and desertion.
on the basis of above two points you will get divorce
for further query contact lawrato
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Adv. Brijendra Singh
Adv. Brijendra Singh
Ahmedabad | 100+ Answers
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If youv want to get sepatated from your spouse you should file a divorce petition before the family court. If your spouse is not ready for divorce it will take more than two years for the disposal.
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Adv. Sindu R Kurup
Adv. Sindu R Kurup
Kannur | 5+ Answers
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You can file for divorce on ground of cruelty and mental harassment.
With supporting evidences you can back up your petition for divorce and move ahead.
Talk it out mutual divorce will be much easier.
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First either file a petition under domestic violence saying she was mentally and physically harassed by husband then later file a petition for return of the gold and money which was given during the marriage and also seek for maintainence. By that time settlement talks can come and can get the joint divorce. Or ekse fike a separate petition for divorce
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Adv. Shyamdeep Shenoy
Adv. Shyamdeep Shenoy
Kochi / Cochin | 25+ Answers
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I would definitely help the client.
Since the religion of the client is not known, at the outset I want to state that procedures are different for every religion. Secondly, as one spouse has not agreed for the divorce, this could delay the outcome or make it complicated.
However, the client can get a divorce without the consent of the spouse. To that effect I would schedule meetings with the client herself to establish the grounds for divorce, and her current mental and physical status.
Since family matters affect more than the couple, like in case they have children and old parents, this can be dealt with only after knowing the complete circumstances of the client.
Also as the husband of the client is not willing to grant divorce this is bound to be a contested case hence an audience with the client is necessary to establish the merits of the case. Only after that can I proceed with the legal aspects.
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Adv. Jyothi P
Adv. Jyothi P
Kozhikode / Calicut | 25+ Answers
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Assuming that you are a housewife and not employed, you are entitled to maintenance and separate house. You both can file for mutual consent divorce after finalising your maintenance and residence issue.
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Adv. Santosh Adukia
Adv. Santosh Adukia
Mumbai | 25+ Answers
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Such a divorce is called a contested divorce. You can file a petition in the family court. The requirements differ in different States. However, you need to clearly state the basis for the divorce in your petition. The petition requires only your signature, not your wife's.
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Adv. Shalaj Mridul
Adv. Shalaj Mridul
Delhi | 25+ Answers
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Please confirm the ground/s on which you are seeking divorce.
You can file a petition for divorce on grounds mentioned under section 13 of the Hindu Marriage Act, if covered by it. The petition can be filed in any family court within the jurisdiction of which marriage was solemnized or both the parties last resided together or you are residing.
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Adv. Prashant Kumar
Adv. Prashant Kumar
Delhi | 25+ Answers
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hello !!
there are two ways to take divorce first is divorce by mutual consent under section 13 (B)(1), under Hindu marriage act.
second divorce by cruelty in which you have to give reason and explanation in a detail manner to the court
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Adv. Rahul Kumar Singh
Adv. Rahul Kumar Singh
Delhi | 50+ Answers
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You have to approach the court. But in anyway you cannot force someone to divorce you. It is her wish to divorce you or not yo divorce you. Better renounce the company of your wife or convince her that you cannot continue with her. Initially, you may have to face pokice action against your behaviour but as the time passes she will get convinced to divorce you. I cannot assure you the time. It may take months or years. This is the fact. Nobody can help you unless your wife gets ready.
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Adv. Sanjucta Kabasi
Adv. Sanjucta Kabasi
Delhi | 25+ Answers
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