LawRato

Wanted divorce from my wife without mutual consent


15-Jan-2023 (In Divorce Law)
If I want to file a divorce case for my wife, my marriage has done just 2 months back and if she has filed complaint against IPC sec498a then how to save myself and my family.? Also my wife is not leaving me and continously tortures me by creating some financial problems. Please guide me how can i get a divorce without facing much problems. I have no evidence against her.
Answers (10)

Answer #1
835 votes
Dear Client you may file Divorce after one year of the marriage on the basis of Cruelty but for that must have one year is the length of marriage and as per cases against you whatever she filed you should approach court for Arrest Stay for more clarification you may contact us then I'll explain properly about your case. ADV ANURAG BHATT ALLAHABAD HIGH COURT
Helpful? LawRato LawRato
Answer #2
621 votes
शादी के 2 महीने के अंदर आपके ऊपर इतनी सारी f.i.r. कर डाली यह इतना बड़ा प्रूफ है कि आपकी पत्नी का उद्देश्य आपको केवल परेशान करना ही है तथा व आपके साथ रहना नहीं चाहती हैं इस कारण आप उनको डिवोर्स दे सकते हैं और यह सारी परेशानियों से बच सकते हैं
Helpful? LawRato LawRato
Answer #3
720 votes
dear client as per your query I can only suggest that first you have to give proper reply in 498 case may be u as well as your family members must be involved in that particular case you can't file a regular divorce as it's premature as you have have discussed in your query if your case is in High Court then there is possibility of mutual settlement for future paid consultation please contact us with your relevant documents
Helpful? LawRato LawRato
Answer #4
758 votes
if your marriage period then according to law you can note file the divorce petition in the court if your wife file the complaint case is against you then it is better to face all the cases and file the section 9 Hindu marriage act petition against your wife
Helpful? LawRato LawRato
Answer #5
777 votes
In Englis Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger kindly go legal...tnx
Helpful? LawRato LawRato
Answer #6
794 votes
alimony is one time payment whereas maintenance is periodic payment. since the marriage is only 3 months old, subject to other factors, the alimony amount should not be much. however, a lot depends on peculiar facts of each case.
Helpful? LawRato LawRato
Answer #7
814 votes
you have to pay alimoney till any full and final settlement happens between both tha parties.... for geeting contested divorce it can take upto 2 years and we also have to mention reason for taking divorce if your case is from delhi contact us.
Helpful? LawRato LawRato
Answer #8
911 votes
As per law you need to file a petition seeking dissolution of your marriage under section 13 of the Hindu Marriage Act on the grounds specified therein. In case of contested divorce the petition needs to prove his case by leading evidence. Alimony needs to be paid once in lumpsum. Monthly maintenance if granted will be paid monthly
Helpful? LawRato LawRato
Answer #9
890 votes
When both husband and wife must be living separately for more than one year they can go for a contested divorce under Hindu Marriage Act. Alimony would be decided as per the facts of the case. It depends if the court directs any alimony to the wife.
Helpful? LawRato LawRato
Answer #10
910 votes
Till the time your wife get married again or your wife is well earning person. Most importantly you have the proof of what your wife is doing. In both the cases your liability to pay the alimony can be challenged in the competent court
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."