Procedure for filing divorce

533 votes

Dear client divorce is off two type. One is mutual and other is contested. When both husband and wife r ready for divorce then they can file mutual divorce. If one of spouse is not ready for divorce other has to file contested divorce on grounds like cruelty adultery desertion as per his case. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

890 votes

Greetings,
what kind of divorce you are looking for such as mutual, alimony, maintenance, cruelty ? there are different procedure for different kind of divorce. and there should be atleast gap of 1 year after marriage

Advocate Pankaj Kandhari LawRato

663 votes

Dear client for asking divorce registration of marriage is not necessary. Yr marriage photos and invitation card establish yr marriage in court. To ask mutual divorce one year separation is compulsory. U will get divorce in six month. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

942 votes

you can file mutual consent divorce as per section 13B of Hindu Marriage Act. As regards technical things i can't advise you, you need to call me or come to the office. After filing of the present petition the court will grant you divorce after the expiry of six months

Advocate Milind Achyut Kale LawRato

562 votes

Hi
Marriage performed under ceremonies under Hindu law is valid one. There is no need for registration you prove it is legal.
You have to carefully observe the terms and conditions of the mutual consent which you are carrying out.
Complications as to maintenance or property may arise depending upon your circumstances.
Contact for detailed advice.

Advocate Rohit Shaligram LawRato

713 votes

She can file a divorce before the concerned family court or the District Judge ....one way of getting the divorce is by mutual consant in that both the spouse have to give their no objection and the other way is to contest the case on different grounds.... Since here her husband is not at fault then she shuld pursue him to gibe her divorce by mutual consent to avoid litigation

Advocate I.A. Alvi LawRato

705 votes

Yes she can file for Divorce and if her husband is supportive they can file for mutual Divorce which is an easier and quick process of divorce which will take 6 months time. In case the husband is not willing to divorce they you need to file a petition for Divorce in the court to obtain divorce and marry the girl. Till she gets divorce you cannot marry her. In case you do the husband can file a case of adultery against you

Advocate Siddhant Sharma LawRato

735 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato

568 votes

Sir / Madam,
File a case for divorce. It is better if that is filed with mutual consent. Then the decree is easier. There are two motions to be filed for divorce, i.e., two petitions in an interval of six months. If the divorce is contested by the person to whom she is married, the same may take a reasonably longer time.
The other issue is whether there is an issue out of the wedlock or not. The rest we can discuss when we meet.
Abhinit Das
Advocate

Advocate Abhinit Das LawRato

930 votes

Hello Sir,

The legal remedy to your Situation would be that both of you can File a Dovorce Petition in the Family Court by Consent which would be decided in a very short span of Time. The Court would direct you to Live together for 6 Months before granting Divorce but the Court cannot force you to stay together as per the Supreme Court ruling. You guys have already been living separately so that has to be shown before the Court.
After taking note of all the facts that you guys have anyways been living separately, the Court can directly grant you Divorce without directing to stay together for 6 Months.

Advocate Kamran Shaikh LawRato

554 votes

The procedure to file for divorce will differ from case to case depending whether it is a divorce with mutual consent (i.e. both husband and wife are agreeable to the divorce) or contested (i.e. either the husband or the wife is unwilling to take/give a divorce).

Process is comparitively simpler, less time consuming and cost effective in case of a mutual divorce. However if it is a contested divorce case then we need to prepare a petition for divorce based on the facts of the marraige that are leading to the divorce.

In order to guide you through the exact procedure for divorce kindly specify if your case is going to be under mutual consent or contensted category. Also if it is a contested case then the exact reason as to why you are seeking a divorce.

Will be happy to help you in either case.

Advocate Agir Gupta LawRato

892 votes

Please guide me which kind of divorce you need to file is it mutual consent or contested divorce both of them has different procedure plus nature of divorce case depends upon the facts of the case. therefor please clarify

Advocate Nitish Banka LawRato

542 votes

First u hv to be clear whether u want to file mutual consent divorce or one sided. For which certain grounds are mentioned in Hindu marriage law. U must have all the documents of ur marriage like marriage card ur ID few photographs of marriage etc. An advocate will draft a petition with all ur facts n documents. U also hv to give details of all the cases regarding this.

Advocate Sanjeeda Khurana LawRato

749 votes

Firstly, whether its a mutual consent or is it contested?
In case its mutual consent, then you will have to file a mutual consent petition, in the family court of the jurisdiction where u reside. on the basis of your mutual consent and the settlement agreement arrived at an order will be passed.
This process is done twice, one is first motion and the other is second motion.

The other thing is contested divorce, where there is no settlement and the parties are fighting amongst themselves.
in that also the process remains the same, with a difference that you file a petition establishing the instances of cruelty or the instances on the basis of which you are claiming divorce.

Advocate Vaibhav Vats LawRato