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Need a legal advice on initiating a Divorce case
19-Feb-2026 (In Divorce Law)
Married on 2004 , we have been living for together for 15 years together with lots of hurdles with as my wife as not mentally fit and physically challanged , now i am separated for more than 7 yrs living alone with two kids . i was working as an IT engineer , now i have started my own . so i want to get rid from this marriage as her family members are giving lots of trouble for my growth and well being of kids . i just want to initiate the divorce process . please guide me .
Dear Client…. First you engage an advocate dealing with family court cases, then sent a formal notice regarding divorce, after that collect documents like marriage photo invitation registration certificate Aadhar card for address proof some other evidence approach family court for divorce… need furthermore clarification or doubts about the court proceedings please call me thank you…
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Adv. Iyappan. E
Chennai | 100+ Answers
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S.Gunasekar Advocate Answer this.
Ground for divorce: You can file divorce under mental illness, cruelty, and long separation (7+ years) under the Hindu Marriage Act, 1955 (or applicable personal law based on religion).
File petition: Approach a Family Court through a family lawyer and file a contested divorce petition.
Documents needed:
Marriage proof
Kids’ birth certificates
Medical records (wife’s condition)
Proof of 7-year separation
Children custody: Ask for permanent custody citing children’s welfare.
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Adv. S Gunasekar
Chennai | 100+ Answers
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Grounds available:
Desertion – Continuous separation for more than 2 years.
Mental Disorder – If the wife is suffering from mental illness of such a nature that marital life is not reasonably possible.
Cruelty – If interference by her family and conduct caused mental harassment.
You can file the petition before the Family Court having jurisdiction where:
Marriage was solemnized, or
Wife resides, or
You last lived together.
Since children are with you, you may also seek:
Permanent custody
Protection from unnecessary interference
If both sides agree, Mutual Consent Divorce is faster (6 months cooling period, sometimes waived).
Better to consult a local family lawyer with medical records and proof of long separation before filing.
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Adv. Shobica Vijaykumar
Chennai | 5+ Answers
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