On what grounds a divorce petition can be filed

I am married for last 8 years. Based on the differences between me and my wife and the mental torture i am going through from her family side from last so many years the relation between us has gone from bad to worst. Also both the parties knows that the marriage is over and both wants to separate but wife side they don't want the divorce because of the social security of the girl. We have a kid of 6 years. I would like to know if both Husband and Wife staying in the same house but separately for last 2-3 years can the divorce petition be filed.

Answers (2)

348 votes

Yes you can file a divorce petition. It is always better that mutual consent petition for divorce is filed, failing wherein you can file a petition for cruelty and contest the case and seek for divorce from your wife. Take the first step forward then things will fall in place, you can ask for visitation rights fore the child, and appointment of a natural guardian for the child.

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307 votes

Yes, you can file a Petition for obtaining a Decree for Divorce. If you want, you both can go for counselling, including pre-litigation counselling offered at Bangalore Mediation Center. If you apply for a Decree of Divorce - by Mutual Consent, it will be quicker and less emotional for you. A regular divorce can take up to a year or more. Moreover, the welfare of your child is at stake so I advise you to discuss this with your wife and proceed.

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