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The process of starting Divorce procedure in Hindu Marriage Act
20-Jul-2023 (In Divorce Law)
I am married for 11 years and I have a son of 7 years. My marriage is registered under the Hindu Marriage Act. What is the process to start the divorce as a husband as my wife lives with me. I want the divorce on the basis of mental harassment by my wife and her family.
Also, I want custody of my son.
sir, you can file for contested divorce which involves a process and you can even file for custody of your minor child in competent court..for more detailed discussion as per your facts kindly book for my appointment or you can contact me..i will guide you
Helpful?
Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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What are the steps involved?
In Mutual Consent divorce
STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.
In Mutual Consent divorce
STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.
Helpful?
Adv. Naveen
Bahadurgarh | 25+ Answers
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For filing divorce you need to file petition against your wife in the court & since the custody of the son is joint at this stage, no need to file suit for custody. The question custody would arise once a party parts from the custody of the child. Better it is that you meet with legal counsel & understand the process.
Good luck !
Good luck !
Helpful?
Adv. Aditya Verma
Ambala | 25+ Answers
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