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What is the procedure for divorce.
21-Nov-2023 (In Divorce Law)
Hi.. I need a divorce. My marriage 11yrs done.now we cant stay with each other..so I need divorce fast. I m not a good wife .m gud for nothing.I can't be a gud wife .I can't be a gud mother also.and 3yrs before m done a worong that I have chat with other guy.and after my fault my Hus have a relationship with one women .and now he done his second marriage.and am I don't have no patience for anything. And I'll fight with my hubby everyday .and m aiways giving replays wat he asked.and I can't to be a slave.and also I can't concentrate my kids.coz m not gud.m bad.so he want to get rid of me.so pls answer me asap.thank u...and m frm Kerala.our marriage done with Kerala Hindu marriage act.my age 29 .and his 31.we can't adjust with each other so pls give me an answer asap.he asked me to leave him for his peaceful life.so I want him free..that's all..is there anything u wanna know abt my problem details let Me know.. Thank u...Mrs. SV...
Dear madam,
As per the problem you indicating it appear you need to be heard first , then take any step , and a proper Counselling is required , better things is that you don't lose you way but rather try for solution .do contact us , OFC : Adv Pankaj Kumar & associate
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Adv. Pankaj Kumar
Adv. Pankaj Kumar
Bangalore / Bengaluru | 25+ Answers
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I suggest you to file a mutual divorce petition before the jurisdictional family court with the help of your advocate. Normally mutual divorce petition will take 7 months to get disposed of by the court.
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Adv. Jagadish N
Adv. Jagadish N
Bangalore / Bengaluru | 5+ Answers
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You can file divorce on the ground of cruelty and its depend upon the Court to decide amount of maintenance considering your on record income. You can settle by paying permanent one time alimony at time of divorce.
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It is not clear from your question that when your marriage was solemnised.Both You and your husband can file a joint petition for the divorce. If he is not willing for the divorce you can file it before the family courrt.
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Adv. Sindu R Kurup
Adv. Sindu R Kurup
Kannur | 5+ Answers
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Dear Client,
You can straight away file a OP for divorce with the message asking for Sthreedhanam and due to that incompatibility between both of you the marriage has not consummated. But you have to wait for 6 months and there will be counselling with the counsellor at family Court. Since you are at abroad special sanction for counselling through video conferencing has to be taken and for evidence through video conferencing. You can certainly obtained obtain a divorce with out much strain.
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Adv. Sachindas P
Adv. Sachindas P
Palakkad | 25+ Answers
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You can go for a divorce. The marriage and divorce issues differ according to religion. However, the decree of divorce has to be obtained from laws courts here.. We have to provide sufficient groundskeeper for the same.. Anything else you can Cal me
RMR
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Adv. R. Madhuraj
Adv. R. Madhuraj
Trivandrum / Thiruvananthapuram | 100+ Answers
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I would need to know a few things first.
1. Is it a mutual divorce, as in, has your wife agreed to divorce you?
2. Do you have a child?
3. Is your wife working or is she a housewife?
The proceedings for divorce is very simple. You just need to file a divorce petition in the family court through your lawyer.
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Adv. Fauzia Khan
Adv. Fauzia Khan
Dubai | 5+ Answers
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The best option is to go for divorce by mutual consent. However, it appears that you have a lot of misconceptions about a relationship in a marriage. A previous love affair need not be a reason for breaking the marriage.
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Adv. P Venu
Adv. P Venu
Vaikom | 5+ Answers
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you may have the strong ground to take divorce from your wife....but the the information provided by you need to be augmented....if the case is represented systematically then may not be required to give alimony
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Adv. Riti Sarkar
Adv. Riti Sarkar
Guwahati | 25+ Answers
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Hello sir,
The response to your query can be answered only after knowing the exact facts of your marriage and the dispute arose .
For the same you need to fix an appointment for consultation. Then only I'll be able to tell the exact remedy.
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Adv. Sahil Chawla
Adv. Sahil Chawla
Delhi | 25+ Answers
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Yes..
He can get divorce depending in the grounds for divorce and court coming to conclusion that it's better to grant divorce for better future and in best interest of all the parties involved I have the divorce including you.
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Adv. Namitabh Kothari
Adv. Namitabh Kothari
Mumbai | 25+ Answers
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It depends that your desease is cronic or accuse if cronic then whether it affects your lever during treatment then it must be cronic and sexually transmitted deasised and if even its blood born then still your husband is having a ground for divorce.
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Adv. Nilesh Pachpor
Adv. Nilesh Pachpor
Nagpur | 25+ Answers
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She does so because they want to creat the pressure upon you so that they may get divorce easily. But as you get anticipatory bail from the court the pressure of their complaint will also end. In that case they may come forward with a better offer. If you dont want to get divorce you may contest the case.
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Adv. Vishal Yadav
Adv. Vishal Yadav
Delhi | 25+ Answers
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Divorce can not be granted before completion of one year from date od marriage. They can not file it unless there is a extreme situation for divorce or there is no chance to cohabit again by either of
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Adv. Manoj Kumar
Adv. Manoj Kumar
Delhi | 5+ Answers
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we need more information to guide you proper way, it is better to consult us personally to get better remedy
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Adv. Atul Kumar
Adv. Atul Kumar
Delhi | 25+ Answers
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Find a lawyer in your district. Apply a.divorce on the ground of harrasment and mental torture against your husband in courts . Engage a good lawyer . You will get a divorce for sure and u can also claim money from your husband
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Adv. Geetinder Singh
Adv. Geetinder Singh
Amritsar | 5+ Answers
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You can go ahead and file RCR in the competent court.If still she is ademant that she doesn't wants to live with you then there is hardly any option left as RCR within itself is a ground of divorce.Therefore we can go ahead file a divorce under cruelty we can also go ahead and file criminal complaint for extortion and extension of threats against her and family members.Therefore this is the remedies which can be availed.Thanks
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Adv. Nishant Solanki
Adv. Nishant Solanki
Delhi | 5+ Answers
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nothing to worry .you can file complaint to police against your husbqnd for harrasment.you can get divorce from your husband from th court.file divorce case .even you get maintenance case against him.
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Adv. Deepak Sabharwal
Adv. Deepak Sabharwal
Amritsar | 100+ Answers
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Your husband can ask for divorce. But it is not binding on you to give him devorce. He may approach the court. If he approach the court you can demand permanent alimony
andd medical expenses
If the disease is curable devorce will not be granted
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Adv. Bhaskarrao Dhas Patil
Adv. Bhaskarrao Dhas Patil
Nashik | 25+ Answers
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Facts mentioned here do not constitute any ground for divorce. You may want to explain things a bit.
Please rewrite your queries without emotions and with something practical.
Hope to hear from you again
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Adv. Sunil Sharma
Adv. Sunil Sharma
Patiala | 25+ Answers
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You can get divorce if you undergone cruelty by your husband and from your in-laws. You can file divorce at respective court. You do have rights to be with four daughter or sun if they below five years old.
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Adv. B. Sivasubramanian
Adv. B. Sivasubramanian
Chennai | 5+ Answers
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You can file a contested divorce against him on the grounds of cruelty.
If you both are living separately for more than two years then non-cohabitation also can be pleaded as another ground for seeking dissolution of yor marriage with him.
Dont worry about the MLA support. h e cannot interrupt in your decision to file divorce case.
If you are not employed then you can ask maintenance for you also but you certainly can seek maintenance for your daughter.
If you are living in Australia then you can apply for divorce in Australia too.
You can contact a local advocate, discuss the issues in detail and proceed as per his advise on all such further issues.
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Firstly u can file a divorce petition . U can file a case against ur husband under maintenance under 125 Crpc . U also file a case of Domestic Violence act against ur husband and ur's in laws and u can also file a complaint in women cell and police for dowery act against ur husband and father in law and mother in law also.
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Adv. Ramanjot Singh
Adv. Ramanjot Singh
Mohali | 25+ Answers
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If your marriage is held in Chennai, you could file a divorce petition before the Family court , Chennai. If you feel threatened by your husband family you could file police complaint and file a complaint under Domestic violence act.
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Adv. Vasavi Sridevi Sivanandam
Adv. Vasavi Sridevi Sivanandam
Chennai | 25+ Answers
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you can get maintenance for you and your child.he has to give.we can get it through court.you don't go directly tohim ask for maintenance.we can ask through court.also we can file a case of domestic violence against him and your inlaws.
you dont worry that you don't have anyone for you.
we are there for you to help.
moreover that MLA's influece will not do any harm to you .we can take necessary steps for that .
if you want divorce surely you can get .take courage and approach me.I'll help you.I am there for you.
you are not working and getting good income.you can surely get the maintenance for you.but as for as the child's concern she has the full right to get the maintenance from her father.
Note:please don't approach him without the assistace of us for the maintenance..through court you can succeed.take care.
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Adv. K Prema
Adv. K Prema
Chennai | 200+ Answers
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Be strong, as you are Australian citizen take the help of the Australian embassy. They will help you. You need to raise a complaint stating the atrocities and hardship you faced by your husband and in-laws. Also state the life threat you are facing by them. The domestic violence act was enacted for people like you. You can get divorce by proving the cruelty and for domestic violence. Submit the complaint before the concern magistrate by taking the help of a local advocate. Along with the divorce petition you can also ask for maintenance. Mother is the first guardian of a girl child. Be careful as they will put a cooked up story after you file a complaint.
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Adv. GP Vijay
Adv. GP Vijay
Chennai | 25+ Answers
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Dear client if u both r ready for divorce then u both can file mutual divorce and will get divorce in six months. If yr husband is not ready for divorce then u have to file contested divorce on the grounds like cruelty. For any legal help call me
Adv prasad patil
Pune
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Hello Ma'am,
The query you sent is pointing to the behaviour change but in what manner it has changed you haven't mentioned that. Whether he has become violent with you or suspicious of something unethical. Kindly feel free to share a complete detail so that I can give you a better idea of getting divorce.
Best Regards
Rohit Beaspal
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Adv. Rohit Beaspal
Adv. Rohit Beaspal
Jaipur | 25+ Answers
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Sir , There are two options one is mutual consent divorce and where your wife also agrees for divorce and you both decide to take divorce by filing a mutual consent divorce and the other situation is where you want a divorce and your wife refuses to give divorce and in such case you have to file a divorce Petition against your wife and prove one of the grounds of divorce and in your case the ground is mental cruelty and hence talk to her about mutual consent and if she does not agree file divorce Petition against her.
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Adv. Bharat Narasgouda
Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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Question: I'm married for over 6 years and have a 4 yr old daughter. My wife has issues with my parents since the day 1 of my marriage; those issues grew bigger as the years progressed. Now she is not willing to even visit them or talk to them and this creates a rift between us on a regular basis. I am fed up with the quarrels with her and decided to get separated from her. Need help in applying for divorce.
you may issue notice to your wife and then file a case for divorce in family court, you may need assistance of an advocate to do that.
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Adv. Girish Kodgi
Adv. Girish Kodgi
Bangalore / Bengaluru | 25+ Answers
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Supposed you and your wife live separately now, firstly you issue notice to come and join matrimonial house.. supposed she not comes that notice also ground t obtain divorce.. file petition against her for divorce on ground of cruelty and others reasons.. supposed she is ready to give divorce file mutual consent
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Adv. Nagaraja G
Adv. Nagaraja G
Bangalore / Bengaluru | 5+ Answers
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Hello Mam,
are you willing to end the relationship and want divorce too.
if yes then we need to file divorce petition and mutual we can get the divorce fast as well as with all our terms and condition.
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Adv. Priyanka N Chopade
Adv. Priyanka N Chopade
Nagpur | 25+ Answers
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Please go ahead and file a suit for divorce. But if she is not working, maintenance will be the main issue for you. therefore you can go for mediation or legal counselling with your wife to arrive at a mutual decision. If you both get into a mutual divorce it would be less burdensome & time consuming. The custody of the child usually remains with the mother till the child attains 7 years of age.
Feel free to contact for legal assistance.
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Adv. Ayantika Mondal
Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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You can file petition for divorce on cruelty ground. As your wife speaks negative and not behaving properly with your parents but you have to pay maintenance to your wife if she ask in the court of law.
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Hi, you can file divorce under the provision of law, if your husband is agreed to give you divorce with or without terms and condition then you can file divorce Petition as Mutual Consent Divorce or else you can filed divorce Petition on the basis of cruelty. Detail advise can only be given after knowing the entire facts and circumstance of the case.
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Adv. Rajiv Rajpurohit
Adv. Rajiv Rajpurohit
Ahmedabad | 25+ Answers
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Hi
File a domestic violence complaint against your husband and in laws.
You should file a domestic violence case in india (at your place or place of marriage which ever is convinient to you).
If you cannot come to india, you can file a case of domestic violence in US also.
Please be informed that you have many rights under dowry prohibition and domestic violence acts.
You are also entitled for compensation in domestic violence, maintenance for you and your child, share of your husband's property etc.
so understand your rights and choose the best place convenient to you for prosecution.
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Adv. Rajagopalan
Adv. Rajagopalan
Hyderabad | 25+ Answers
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You may file Divorce proceedings in the family court or civil judge senior division on the grounds of desertion and cruelty as mentioned under section 13 of Hindu marriage act.
For further Legal assistance contact me.
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Adv. Vishwajeet Bipinchandra Chavan
Adv. Vishwajeet Bipinchandra Chavan
Pune | 25+ Answers
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you have to file petition before court, therin you have to mention various grounds for divorce. If you dont have any means than husband income you may file interim maintenance application, you may also apply for expenses of your lawyer. The proceeding will get over within 2 years
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Adv. Vijaykumar Bhujangrao Dhakane
Adv. Vijaykumar Bhujangrao Dhakane
Pune | 25+ Answers
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Dear Madam,
As you have got married in Feb 2016, you need to wait until Feb 2017 to file for divorce. You need to have valid grounds for filing the divorce such as desertion, cruelty, insanity etc..
Regards,
Sadanand
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Adv. Sadanand Naik
Adv. Sadanand Naik
Bangalore / Bengaluru | 200+ Answers
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Will have to create circumstances for mutual consent divorce otherwise the system is slow litigation will last for so many years
so its better to get rid from litigation and from ur spouse as soon as possible
a good strategy needed
thanks
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Adv. Nitin Bhandari
Adv. Nitin Bhandari
Jaipur | 25+ Answers
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dear, you can file a divorce petition in family court under section 13 of the Hindu Marriage Act 1955 , Marriage can be dissolve if the wife has wilfully refused to consummate the marriage and not like to live peacefully with you and your family. all depends on circumstances. and as mentioned that an FIR has been filed against you and your family, So you should state all the facts before the concerned Investigation Officer.
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Adv. Prem Dayal Bohra
Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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u should file a 482 petition before high court challenging the FIR. The High has power under section 482 quashing or setting aside the FIR. U can file the petitioner and ask for interim protection for staying the further proceeding in FIR.
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Adv. Hemant Taylor
Adv. Hemant Taylor
Jaipur | 25+ Answers
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As she has deserted you for more than 2 years which Is good ground for divorce. As she is staying away with you, who know whether she was in relation with some other guy or not. So you have right to get divorce from her. For further info contact me
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Adv. Shashi Chaturvedi
Adv. Shashi Chaturvedi
Thane | 5+ Answers
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Taking divorce against wife is not easy task. If wife wants to continue in relationship, it is more complicated now. However, there is one clause under hindu marriage act ie divorce on the ground of desertion. The procedure would be time consuming. But, ultimately you will win if you prove that you were deserted by your wife without any due cause.
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Adv. Raviprakash Chaturvedi
Adv. Raviprakash Chaturvedi
Mumbai | 25+ Answers
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Dear client u need to give legal notice for divorce to her based on cruelty by living separately after marriage. For more details of notice revert back to me i will help you how to draft it. Regards .
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Adv. Bharat Pandirao Pawar
Adv. Bharat Pandirao Pawar
Pune | 25+ Answers
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Hi
You can file divorce petition before the family court on the ground of cruelty and desertion .
You have to contest the matter on merits.
By filing the divorce petition you will also undergo counseling wherein you both can settle the matter or go with contesting
Contact for further legal advice regarding your case.
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Adv. Rohit Shaligram
Adv. Rohit Shaligram
Pune | 5+ Answers
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You can file for divorce only after one year of marriage and not now. Just on the ground's stated by you no court will grant divorce. Only if you are able to prove ground's for divorce as stated in the Hindu marriage act only then divorce will be granted. If your husband agrees for mutual consent divorce you can file it immediately after one year of marriage.
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Adv. Praveen Pinto
Adv. Praveen Pinto
Mangalore | 25+ Answers
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You can file divorce on the ground of cruelty as envisaged under s 13 of Hindu Marriage Act.. As supreme court in ots recent judgment held that disallowing spouse from having physical intimacy amounts to cruelty.. if you are residing in Metropolitan cities as Mumbai Nagpur Pune Nasik Aurangabad or Amravati there are separate family court established as per family court act and if you are staying other than these cities then u can file petition before civil judgeBe brave..!! Don't go emotional at all as this is happening almost in every family..
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Adv. Abhaysinh Kashinath Bhosle
Adv. Abhaysinh Kashinath Bhosle
Aurangabad, Maharashtra | 25+ Answers
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Better to attend counseling or ask her for mutual consent divorce then contact a lawyer and seek assistance for proceeding with the divorce, there is no meaning in one side understanding she should cooperate with you and your family.
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Adv. Vikram Chandra
Adv. Vikram Chandra
Hyderabad | 5+ Answers
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Its nothing but cruelty. You may go ahead with filing for divorce under Sec. 13(1) (ib) of Hindu Marriage Act, if you are Hindu on the ground of cruelty. Need further details whether you have children or not.
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Adv. N Venkateswara Rao
Adv. N Venkateswara Rao
Hyderabad | 25+ Answers
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If U R a Hindu, U have a right to file divorce petition for dissolution of marriage u/S 13 of Hindu marriage Act, but practically it is not too easy to get divorce in a contesting one for a male.
Generally a male get divorce on adultery not mental cruelty but it is not too easy to prove, if U have that much of evidence try for it
Mediation is best one to settle family matters
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Adv. Basa Appala Reddy
Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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I am in receipt of your email. You have to approach the Court for all the relief. Meet me at my Office for further course of action. Because the discussion will take long time, and not possible to write all the details over email or phone.
Regs/DLR Vasanthi
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Adv. Ransa Vasanthi
Adv. Ransa Vasanthi
Bangalore / Bengaluru | 25+ Answers
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Dear client you can file divorce on the basis of the allegations of crueltyafter receiving summons from the court if he will come then the case proceed as normal manner if he will not come the case will be granted expartr
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Adv. Sanjeev
Adv. Sanjeev
Delhi | 100+ Answers
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It is a good ground for divorce, if you don't want to stay with him. From the facts it's not clear that you are Hindu or other religions. However according to Hindu law there is sufficient ground for divorce. But it will take more time to get decree from the court. If both the spouse mutually agree to divorce, it will take less time.
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Adv. Safder Imam Md
Adv. Safder Imam Md
Delhi | 5+ Answers
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If you wish to take divorce, you can have two choices either you may ask your husband and if he is ready then take divorce by mutual consent, or you can seek contested divorce on proving cruelty and desertion.
Since he never invited you to accompany him at Germany both the grounds can be proved.
Your expenses on marriage has legally no bearing in eyes of law. The same are told to court just to please petitioner like you and in anticipation of court considering same while granting permanent alimony. But legally court should not be influenced by same alone.
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Adv. Goutam Prasad
Adv. Goutam Prasad
Delhi | 5+ Answers
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Firstly I would like to know from you that you want divorce on that there should be a concrete reason for that or you can ask him for mutual divorce,it's very easy process but if you want compensation so than you have to lodge complain in DMVaw act
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Adv. Sunder Kumar Verma
Adv. Sunder Kumar Verma
Delhi | 25+ Answers
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Adultery is very difficult to prove moreso you have no evidence to prove. However, you may get divorce on the grounds mentioned in Section 13 of the HMA, Act, 1956 viz. cruelty coupled with wilful desertion etc etc. Both of you by mutual consent get divorce u/S 13-B of d Act, 1956 by moving an application for decree of divorce in the Family Court or District Judge as the case may be..
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Adv. Sanjeeva Gupta
Adv. Sanjeeva Gupta
Panchkula | 25+ Answers
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If you want to file mutual Divorce, there has to be separation for one year and if you want to file contested divorce on the grounds of cruelty and having sexual intercourse with the other person than her husband, you cAN FILE FOR A DIVORCE IMMEDIATELY.
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Adv. Sapna Malik
Adv. Sapna Malik
Gurgaon / Gurugram | 25+ Answers
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Good evening... Well I have read your query and one great solution is for that you can file a suit of mutual consent U/s 13-B HMA Act in your related courts if both are agree on one point but here 1 most important thing what you want.... Live together or live separate from her.. & if both of you have any issue then who will take custody them... Make it clear both of you.
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Adv. Rituraj Panchal
Adv. Rituraj Panchal
Narwana | 25+ Answers
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Ap talak ke liye Hindu marriage Act ke section 13 ke tahat adultery yani apki patni ke uske jija se avaidh sambandh hone ke karan case file kar sakte hain District Judge ki court mein. Avaidh sambandhon ka proof nahi hone par bhi talak ke liye case dala ja sakta hai
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Adv. RK Rastogi
Adv. RK Rastogi
Delhi | 25+ Answers
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Tum apni patni ke virudh section 9 of hindu marriage act ka case dayar kar do. Decree pass hone ke baad, bina tumhari patni ke pratirodh ke automatic divorce mil jayega. Yeh divorce se aasan tarika hai jisme bina kisi vaad vivad ke divorce mil jayega.
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Adv. Ajay Sharma
Adv. Ajay Sharma
Faridabad | 25+ Answers
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