Procedure to take divorce from wife


Religion-Hindu. I m looking to get separated from my wife..I have been facing a little if issues. She walked off the house without any discussion and is not ready to talk on this .I hAve had no contacts with her.. I m looking to part my ways.

Answers (4)


122 votes

you can take divorce from her, Also, your wife has many remedies available to drag you in litigation so i would like to know the true facts of the case so that i can advice you in a better and extensive manner.


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173 votes

There are many grounds to take divorce from your wife. But it depends on your situation. First you can't file for divorce until you have completed one year of marriage. Then you have to file a case against your wife in the court. Simplest divorce is by mutual consent. In this situation, you have to remain separated for one year. Then also if you both want divorce, you will be granted divorce. In other situation, you need valid ground for divorce. In your case, I think it should be mental cruelty. But you need proper consultation from advocate. It is very difficult to understand your case from this query.

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125 votes

Hi,

I have received your query apropos getting divorce from your wife.

Firstly I would like to apprise you that under the Hindu Laws a couple can get a divorce with mutual consent, or either one party may file for divorce without the consent of the other.

This case seems to be the latter one.
Divorce Without Mutual Consent: In case of a divorce petition being filed without the consent of any of the party, there has to be specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The various reasons under Hindu Law for getting divorce without consent of both parties are Cruelty, Renunciation of the world, Adultery, Desertion etc.

So, with regard to the question raised your case falls under the category of Desertion.

Therefore, a divorce petition based on the grounds of Desertion can be filed and be contested in the courts of law.

Regards
Adv. Harshit Vashisht

125 votes

First of all we can send a legal notice to her and asked her to solve all the distribute and should take Mutual Divorce peacefull other wise we will file contesting Divorce before the court concerned.

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