Procedure for Divorce

484 votes

Is your husband ready to give you a divorce? If he is ready then both of you can jointly apply to the court for divorce, and the court will terminate your marriage within 8 months to a year. If he refuses to go for joint divorce then you can file for a divorce on the grounds available to you under the law.

In your case divorce by mutual consent is the best available option. If your husband is not willing to give you a divorce, a contested divorce may take years.

Since you have 2 young children, saving and sorting out your marriage is another option. You can visit a marriage counsellor for that. If the situation dosen't improve then you can file for a divorce. Age difference is no ground for divorce.

LawRato LawRato

838 votes

Plz specify mutual consent divorce or contested divorce..
Mutual consent filing n recording of statement in first motion and after six months filing of second motion recording of statement n order ..divorce decree
Contested one...filing of divorce summons notice to other side reply rejoinfer. Evidence of parties arguments hearing judgements n then decree of divorce of petition allowed ...if grounds not proved petition didmissed

Advocate Ashutosh Dubey LawRato

610 votes

Depending on the situation between the parties, divorce can be mutual (when both parties agree to jointly file a petition) or contested (when one person files and the other party contests it.

The procedure, legal fee, time taken will be different for both cases. It is advisable to get in touch with a lawyer who can explain you your options based on your particular situation.

Advocate Mishika Singh LawRato

880 votes

Divorce could be on two grounds. First is Divorce on particular ground which includes on the ground of cruelty, adultery, unsound mind, desertion etc., Under such circumstances you need to convince the court that any one of these grounds have arisen and it deserves a decree for Divorce or a Judicial Separation. This takes reasonable time since it goes through evidence etc., The second ground is both couple comes together and mutually agree for Divorce. On the later ground when couple move the court its called first motion and after a gap of six months in the second motion a decree of Divorce would be granted by the competent court. So you have to decide under which one your case is falling.

Advocate S. Sethu Mahendran LawRato

654 votes

Hi. First would like to know whether you want to take it on some ground or through mutual consent. After knowing certain facts would be able to tell you the procedure and guide in a proper manner.
Please get in touch for further clarification as it is difficult to say anything in one liner.

Advocate Ridhima Chhatwal LawRato

653 votes

Divorce proceedings with consent or without consent is the subject matter first .How many years (time) have has passed after marriage . There are other factors too . First decide ------ is it contested or mutual or by compulsion .

Advocate Rajive Maini LawRato

741 votes

It depends how you want to take divorce. Divorce can be taken by two ways. First divorce by mutual consent. It means when the both the parties are to live separately they can move to the court jointly and file a petition in this regard. Court after hearing pass first motion order of divorce and gives 6 months time to resolve the difference but if after 6 months the position remains same than the Court order the second motion of divorce. It means both the parties are free to marry again.
The other way of divorce is through litigation. In this way you have to fight with other party and prove before the court that you can not live with other person. The reason should be genuine and reasonable one. After the satisfaction of the court, it passes the order of first motion divorce than second motion after the stipulated 6 month period. Think properly what you want to do. If any other query. Revert me. Best of luck.

Advocate Atul Patni LawRato

681 votes

Aap case file kar sakti ai merits pe wue awpko ceueliry ka geoune banana padega die aapko adlar gawahi karwa kar aapke pakah me daisla de degi, aap uske alawa aue bhi case drile kar sakte ho jaise ki dv

Advocate Manoj Kumar LawRato

878 votes

Ha ap divorce case file kar skte ho. Koi problem ni h. Apke pas agr unke against complaint ya FIR h to vo b case file krte time petition k sath laga skte ho. .. Ap mere office me aa skte ho fir hm apko better advice kr skte h.

Advocate Deepak Rathore LawRato

596 votes

Since your husband is not ready to give divorce then the possibilities of divorce by mutual consent finishes .
Then You can file for divorce on the grounds of cruelty as the behaviour of the in-laws have never been cooperative towards you and the extreme form of cruelties have been committed against you and by denying you your right to live in the matrimonial home. Generally it takes time as the divorce in such matters are taken not in haste but concealment of the material facts regarding the previous involvement of the husband in a criminal case puts you On edge. You can go for the divorce on the grounds of the cruelties..
Thanks and Regards
Advocate Suneel Kumar

Advocate Suneel Kumar LawRato

790 votes

No there is no concept for one sided divorce.Therefore you must file divorce on basis of cruelty and dessertion and eventually with time it will get sorted out.The in laws with time will come on the amicable settlement .

Advocate Nishant Solanki LawRato

876 votes

Yes you can file divorce on the ground of cruelty and desertion. If you want to claim maintenance then file for the same also. Even you can get right to residence and compensation by filing dv case if you so desire.

Advocate S P Srivastava LawRato

805 votes

Hello sir
Please give details regarding your years of marriage and for how much period she lives with you and when was child born and his/ her age and your marriage is governed under indu law or muslim law or christian law.
Second you can file a petition for restitution of conjugal rights in family court and also seek for custody of child or take permission from court to meet child. Rest I can discuss with you after you give complete details .

Advocate Mohit Gupta LawRato