Married through Arya samajh mandir how to file for divorce

815 votes

As your marriage is governed by the Hindu Marriage Act, you could file for divorce by mutual consent, if your spouse too is willing and ready for divorce, on mutually agreed terms and conditions. Mutually agreed terms could be alimony, share in movables, immovables, child custody and child visitation rights.
If your spouse is unwilling to file for mutual consent petition, them you could file a contested divorce on grounds specified in the Act. eg: cruelty, desertion etc.

Advocate Rishi K Ruia LawRato

611 votes

you should approach the court and apply for divorce after one year of marriage, because no divorce petition can be filed with in one year, and you have two ways one you both can go for mutual consent divorce and another you can file a petition for divorce with good grounds

Advocate Janardhana LawRato

670 votes

What is the reason for divorce , that you have to mention . Divorce is not a joke , it is a remedy in law when nothing work out in between couple , so you have to see these things , you meet with marriage certificate , residence proof document , your identity proof copy , and photo of yours marriage date ,proof of your wife age and her residence address etc

LawRato LawRato

609 votes

Place of marriage is not an issue for filing of divorce petition. But if you and your wife are born Hindus, then you can apply for divorce under Hindu marriage act, 1955 before the jurisdictional family court. simultaneously you should be the resident of Bangalore presently if you want to file a divorce in Bangalore.

Advocate Jagadish N LawRato

779 votes

Per my understanding you have married via Arya Samaj, and now you wish to divorce your wife.
There are two approaches:

1. Mutual consent
2. Contested

In case of Mutual consent, you may wish to amicably resolve all differences either among yourself, or in presence of your family members or thru mediation that can be facilitated by a lawyer.
Post agreement on separation by mutual consent, you and your wife have to meet a lawyer for filing the petition for divorce with a siltation that you have resolved all disputes and agree to part off with said terms and conditions. The petition will be filed by the lawyer, your signatures will be taken in the court and per the proceedings it will take at least 3 months for the final judgement to be passed and you both are considered separated via divorce.

In case of a contested divorce, you will have to send a legal notice quoting all points on why you want to be separated, this notice will reach your wife and she will then take have to reply the notice with her discretion to either stay with you or get separated. Based on the points you draw and the reply there will be next steps that will decide the course of action. Contested divorce may last long compared to the mutual consent.

You may wish to book an appointment with a lawyer of your choice to proceed further or gather additional information through an initial consultation.

My suggestion will be, to follow a counselling approach and seek divorce thru mutual consent.

Regards,
Sonia Rajesh

Advocate Sonia Rajesh LawRato