2+ Lawyers are online
Procedure to take divorce from wife
06-Feb-2023 (In Divorce Law)
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.
If you want divorce from your wife you can directly file the case in the family court with the allegations and issues you arr facing with your wife. After you file the petition court will issue notice to your wife.
Helpful?
17+
17+
Adv. Murali Mohan Rao
Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
Chat
Hello sir,
To give divorce to your wife, there should be grounds i. e., she may harassed you mentally and physically etc., you have not mentioned about those grounds, hence it is difficult to give answer to your question. Please contact me for further questions.
Helpful?
23+
23+
Sir you have to file a case in court stating that you are not happy with the marriage and you are not happy with the way you are been harassed by your wife and you are not happy with the way you are been treated
Helpful?
15+
15+
Adv. Akshay Gupta
Adv. Akshay Gupta
Hyderabad | 200+ Answers
Chat
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.
Helpful?
25+
25+
Adv. Mukesh Solanki
Adv. Mukesh Solanki
Delhi | 25+ Answers
Chat
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
Helpful?
21+
21+
Adv. Harshit Vashisht
Adv. Harshit Vashisht
Delhi | 25+ Answers
Chat
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.
Helpful?
20+
20+
Adv. Gaurav Tomar
Adv. Gaurav Tomar
Delhi | 25+ Answers
Chat
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.
Helpful?
15+
15+
Adv. Ankita Ahuja
Adv. Ankita Ahuja
Delhi | 25+ Answers
Chat
Anyone of you can approach or file a plaint mentioning the incompatibility and differences between each other and that the marriage cannot be reconciled and continued due to lots of differences,moreover marriage is not consummate till date as well so it can be easily amicably and mutually separated as well
Helpful?
12+
12+
Adv. Seema Ravindra Kulkarni
Adv. Seema Ravindra Kulkarni
Pune | 100+ Answers
Chat
You can file partition for divorce in family court @ Mumbai. There different grounds to claim divorce. If possible go through Divorce by mutual consent then it will take only 6 months to get divorce ordrs.
Helpful?
13+
13+
Adv. Sangeeni Rahul Pol
Adv. Sangeeni Rahul Pol
Pune | 25+ Answers
Chat
For filing any proceedings under the Hindu Marriage Act including a petition for Mutual Consent for Divorce , you do not require registration of marriage as a pre-requisite condition.
The photographs, wedding card would suffice proof of marriage. Also as per the provisions, the husband and wife should have been living separately for one year or more at the time of filing the petition. Further your identity as well as residential proof would be required. The petition can be filed either before the court under whose jurisdiction the marriage took place or where you both last resided as a couple together.
The petition for divorce by mutual consent has to be filed in two motions. There has to be a gap of at least six months and a maximum of 18 months in between both the motions. An MOU should be prepared between the two of you settling all your claims inter se, and that no other liabilities shall remain between the two of you after obtaining this divorce. Court fees are nominal. Lawyers fees differ from experience and calibre of each.
Helpful?
11+
11+
Adv. Gowaal Padavi
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
- Need for India divorce after a Mutual consent US divorce
- Application for issuing directions for transfer of inter maintenance d
- Maintenance after lying in divorce case hjjjkkkk
- Mistakenly filed consent petition under HMA instead of SMA
- I want to get a divorce from my husband because no longer comfort
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
