What is the procedure for applying for divorce

550 votes

According to query u have a right to take divorce on that ground from. You have to consult a lawyer and he file a case before family court . It will help you to get out from mess. This is the only remedy

Advocate Akhil Verma LawRato

973 votes

You can apply divorce kn the said ground before the court of law and can proceed with the case. You can also file a cade for the cruelities committied upon you by your husband and seek jautice before the court of law

Advocate Manoj Kumar LawRato

797 votes

Dear client .filr a petition under sec 12 1 a of the hindu marriage act before 26 feb in order to declare your marriage as null amd void

Advocate Sanjeev LawRato

848 votes

Impotency of the husband to perform sex is now a valid ground for divorc.
in matrimonial cases, more often than not it is a challenging task to ascertain as to which party is telling the truth as usually it is the oral evidence of one party against that of the other. What happens within the bedroom is either known to the couple themselves or at the most to the members of the family.
Since it has become an issue which has been troubling you throughout the matrimonial life and you were not able to live happily. You are eligible to be granted the decree of the divorce in your favour.

Advocate Suneel Kumar LawRato

816 votes

It appears you husband is important or medically unfit to be a husband/father.Now question is if he was aware of it before marriage and has knowingly enter into marriage the FIR can be registered against him for cheating.For separation you should move the court to declare marrige void as it has not been consummated.Divore is not required as I have understood you are free to call me for more clarity of the matter

Advocate Amit Gaurav LawRato

837 votes

You have to move a petition before Hon'ble Supreme Court of India showing the urgency as to why you want to waive of the 6 month statutory period.

It is suggested until divorce she should stay alone and after divorce decree passed she is entitled to marry after 90 days. For further clarification kindly connect.

Advocate Aveek Bose LawRato

659 votes

No. She cant live with the new person. Because she is still a married lady. If she is a Hindu by religion then there is no provision to live togather during the process of law. It may take a few years even.

Advocate Partha Ray LawRato

580 votes

Dear illiteracy is not a ground of divorce. Mental illness can be a ground of divorce if it is of permanent nature and incurable. You will have to prove this illness. Concealment of illness is definitely a ground o divorce. Your query about your defence against so many cases in future by your wife is imaginary. You should consult a lawyer of family matters.

Advocate Vijay Kumar Teotia LawRato

761 votes

Hello,
It would be best if she can convince her husband for mutual divorce which will take less time and money. Contested divorce may take years. During this period she can stay alone. But I will suggest not to live with any other person during the 6 months procedure. If you want to know and discuss it in detail please feel free to contact me.

LawRato LawRato

805 votes

Mr. Ajay: you can file suit against your in laws as your marriage is voidable. further if you completed an year after marriage than you can proceed for the contested divorce also before the family court.

LawRato LawRato

871 votes

Sir,
Your query is generic with no details of religion, period of marriage , circumstances why she left, hence a generic reply. You can first try for a mutual consent divorce which means both are consenting to the divorce and it will be granted six months after the petition is filed. Secondly if she does'nt agree then you have to file a one sided petition for divorce , grounds can be advised after knowing facts of your marriage,

Advocate Shalini Devi LawRato

882 votes

The Divorce Process. A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides.

Advocate Siddhant Sharma LawRato

509 votes

Hello,
You can file for a mutual consent petition which will gt you divorced waiting 6months. If your wife has agreed for divorce. If not then contested matter has to be filed and you can be divorced.
Contact me for further assistance.

Advocate Komal Mehta LawRato

692 votes

Aged apki wife ko mental problem hai. To aap uses divorce me sakte hai air apke physical relation bhi nahi hai ,per ha apko usko maintenance to dena hi hoga chahe WO monthali ho yah one time settlement ho ,sap man hani ka case nahi ker sakte

Advocate Lubna Ishrat LawRato

557 votes

Dear client if yr wife is residing separately from u for more than two years then u can file divorce on the ground of desertion against her in court. Otherwise file divorce on ground of cruelty. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

915 votes

In this stage u can not apply for divorce but u can get ur marriage void by filing a petition under section 12 of Hindu Marriage Act if the marriage has not been consumed it is a good ground for getting ur marriage void

Advocate Anurag Arora LawRato

677 votes

With respect to provide you suggestion, I need answers to few questions.
1) When did you get married?
2) Since how many days/months are you seperated?
3) What is the exact reason for your divorce?
4) Do you want mutual or contested divorce?
Please answer to these questions so that I can assist you further.

Advocate Sujata Ramrao Gaware LawRato

577 votes

Hi you can file divorce case on various ground depends on your case. When marriage was solaminazed time of stay with you. If she is not living with you for last more than 2 years than on the ground or desertion you can file.

Advocate Mrutyunjay Mahendra Bhokhare LawRato

655 votes

You may file divorce petition on the ground that she is not physically capable to fulfill marital obligation. Once you initiated proceeding then you have not to give towards maintenance and would also give a valid defense in case she initiated any criminal action against you.

Advocate Anwar Hussain LawRato

868 votes

You can file a Divorce Petition as per Hindu Marriage Act for Cruelty under section 13(1)(ia). You can file Domestic Violence against him. If he beats frequently go to nearest Police Station and lodge NC against him. For further any more query call me on mobile.

Advocate Dhananjay Ravikant Gangawane LawRato

826 votes

Dear client divorce is of two type. One is mutual and other is contested. When husband and wife r ready for divorce then they can file mutual divorce and get divorce in six month. If ur parents are not ready for divorce then u have to file contested divorce and it will take one or two years.For any legal help call me 

Advocate Bharat Pandirao Pawar LawRato

981 votes

Dear client immediately file complaint with women cell of police against husband for physical torture. Also file domestic violence case in court against him. Then file divorce on the ground of cruelty. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

626 votes

Hi

You have to file contesting (one sided) divorce petition in this case.
You can claim maintenance and permanent custody of the child through petition
You can also avail remedy under domestic violence act for the physical harassment.

Advocate Rohit Shaligram LawRato

897 votes

Please approach the police station and file a Complaint against him. Along with that also approach the court. You can get maintenance and also residence orders from the court. He has no right to abuse you in any manner. You can also get divorce under the ground of cruelty.

Advocate Samina Mirza LawRato

787 votes

It can be presumed from the facts that she had filed Mutual Divorce Suit under section 13B of Hindu Marriage Act,1955 means husband has also agreed to go for mutual divorce on mutual consent.In the span of 6 months procedure wife cannot reside with any person before getting Decree of Divorce on mutual consent. If the same is brought to the notice of husband he may disagree to go for mutual divorce and withdraw the suit under Section 13 B of Hindu Marriage Act,1955. In that event section 13(2) of Hindu Marriage Act 1955 will attract.

Advocate Ashis Chakraborty LawRato

878 votes

There are several grounds for filling a Suit for Divorce. One of the ground is mental and Physical torture Under Section 13(I)(a) of Hindu Marriage Act. You say that the reason for divorce is her husband did not told her that he have First Wife. It is not ground of divorce. Because Second marriage has no validity before Divorce from First marriage, if first wife is alive. Here obviously your friend file under Cruelty Ground. It will be better for her to live with a new person after obtaining Divorce. There is no process as fast. But if the Suit proceed exparty, then it will proceed fast.

Advocate Sanjoy Acharjee LawRato

609 votes

First you are both consent and notarized OR Registered divorce. Both present and two witnesses. And then file application for divorce decree before judicial magistrate court your residence jurisdiction.

Atul faldu, Advocate

Advocate Atul C Faldu LawRato

812 votes

Hi procedure is very simple for mutual divorce and for filing divorce were u have to contest it takes years for it. I cn help you in this as I am specialist in family matters for more you can cal on my number

Advocate Dhananjay Ravikant Gangawane LawRato

988 votes

Since I have transformed yourself from catholic to Hindu
And U have got married under Hindu act
You can file for a divorce under Hindu Marriage and divorce act
The the divorce by mutual consent is a process where in both the parties agree to separate from each other by consent

Advocate Navin Sachanandani LawRato

831 votes

Hi,
For a Divorce under Hindu Marraige Act you should have completed one year of marriage,to file a mutual consent divorce both have to consent to the divorce and an agreement on maintenance , custody , exchange of articles and whatever others term and conditions applicable, this consent terms is filed along with the main Petition, There has to be a period of one year of separation before filing of the Petition.Divorce is granted after six months if all terms are complied with and both parties verify again if front of the judge that they haven't changed their mind.
For a contested non mutual divorce petition , the party filing it has to prove the ground under which the divorce is sought. For a further detailed explanation kindly contact me.

Advocate Shalini Devi LawRato