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what is legal procedure for divorce


03-Jul-2023 (In Divorce Law)
My cousin married a guy {LOVE MARRIAGE } without knowing to her parents . Later on after marriage her parents came to know about that marriage and they denied to accept her marriage and all these happened 1 year ago . For the last 1 year she was with that guy , residing in Bangalore ... that boys parents accepted for that marriage . They don't had any children yet and she now wants to get divorce from that guy and she is not willing to disclose what the reason is to us . Every time we ask the reason she used to cry. Her parents came to know that she needs divorce from that guy and they also agreed to allow her if she got divorce from that guy . She don't want to claim any money or share in property . She just need divorce from him . THAT BOY IS NOT WILLING TO GIVE DIVORCE . What are the grounds she can use to claim divorce ... as she is not wiling to disclose anything about her married life ...reasons for seeking divorce etc ., ? is there any chance of irretrievable divorce ? explain
Answers (3)

Answer #1
926 votes
The divorce if it is taken through mutually is peaceful one will go smooth. If the boy is not interested means she has to file divorce case against him by showing the cause which is unbearable and unavoidable with supporting documents or witness. Mere crying will not solve her problem tell her to be strong and mention the proper reason in the petition and file divorce case with the help of advocate. Hence consult any advocate.
Answer #2
915 votes
Hi,

The act and the courts entertain and grant divorce on limited grounds only. The petition which is filed seeking divorce should bring out the relevant facts i.e. the reasons as to why the petitioner is seeking divorce. Unless your cousin provide the exact reasons as to why she is seeking divorce it would be difficult to draft any petition.

You may consult with her as to whether she is willing to share the same with the lawyer who would be taking up the relevant facts and file the petition accordingly. If the reasons are appropriate, court may entertain your petition.
Answer #3
965 votes
Here you can apply divorce on the ground of mental harassment. But here you need to show a separation from each other for certain period.

If there is reasonable facts is there, she can get divorce immediately.

Request her to apply divorce on the ground of mental harassment.

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.

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