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Procedure to get divorce
20-Jan-2023 (In Divorce Law)
i had family problems by my mother in law so im not staying with my husband anymore,and hes also not seems to continue this marriage ,i have filed NOC against them still no action from their side ,what should be the next step from my side now?
Have you filed a NC against your inlaws? Reason is not clear. You are disturbed due to your in laws or your husband? In case you wish to continue the relationship you can file an application for restitution.
However since your query is for divorce please note that there is a mandatory period of separation required before filing an application for divorce. You have not mentioned the date of marriage or of separation.
After filing the petition the other side is summoned to the court and you both will have to meet the counsellor. Depending on whether you want to go for restitution or divorce you will be going to court with the report of the counsellor. In case of divorce it is better to go for mutual consent as contested divorces take a lot of time.
However since your query is for divorce please note that there is a mandatory period of separation required before filing an application for divorce. You have not mentioned the date of marriage or of separation.
After filing the petition the other side is summoned to the court and you both will have to meet the counsellor. Depending on whether you want to go for restitution or divorce you will be going to court with the report of the counsellor. In case of divorce it is better to go for mutual consent as contested divorces take a lot of time.
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1) You can file divorce by mutual consent, after living separately for more than 6 months or court may ask you for wait cooling period for 6 months to 18 months.
After 6 months to 18 months you or your husband may withdraw the application of divorce.
2) Than courts appoint counselor for further steps.
After 6 months to 18 months you or your husband may withdraw the application of divorce.
2) Than courts appoint counselor for further steps.
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Adv. Ganesh Kadam
Pune | 25+ Answers
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Dear Querist has per your query you seems to have left your matrimonial home because of having problem with your mother in law but is not clear that you have any problem with your husband. Does it really make any difference if your mother in law has problem but not with your husband. If so then you should think of your matrimonial relation.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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