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What is the procedure for filing divorce.


02-Jan-2023 (In Divorce Law)
From the past 22 years, my mother has been mentally harassed by her in-laws and her husband.They both have got married under Hindu laws.The thing is that she was affected in many ways as her husband doesn't visit the home for more than 10 days.This has been happening since the last 10 years.Also, my mother got diabetes because of the stress that her in-laws and her husband were putting on her.She had to undergo many medical operations on her own.I feel really sorry for my mother.My mother just can't take it anymore.Could anyone of the lawyers please tell me how to apply for divorce? What are the steps involved in it? How much time does it take to get it?
Answers (3)

Answer #1
749 votes
If both are agreed to take divorce then it take 6months to get divorce if not then it take more than 1.5 years.
Mean while your mother can file a maintenance and money for operation from her husband by living separately.
If you want to discuss more contact me.
Answer #2
925 votes
This amounts to cruelty and divorce may be applied on the same ground. That whereyour mother lives, there in the Family Court, your mother can file divorce. Regarding steps, it may not be possible to explain here. You need to consult an advocate personally. The time frame can also be not assessed at this stage. It depends upon your pursuation with the case.
Answer #3
684 votes
Hi
1) Your mother can apply for divorce at a family court having jurisdiction over the place where she has been residing for the last 6 months.
2) The documents required for filing of divorce are
a) Marriage certificate/marriage invitation.
b) Aadhar card - issued in current residence
c) Marriage photographs.
d) Passport size photographs-2 of your mother
3) Your mother can apply for divorce on the grounds of cruelty.
4) Family courts are not criminal courts where the courts insist on strict proof. Filing of affidavit and submitting evidence and withstanding cross examination is sufficient
5) Your mother can also apply a Domestic violence case against her in laws and her husband and seek
a) Residence protection if she is staying in your father's place.
b) Monthly maintenance for the rest of her life.
c) Protection orders against any future harassment/violence.
d) Compensation for losses suffered.
6) Any divorce proceeding might take atleast 12-18 months time if contested.
7) If your father also agrees for a divorce, then it is called mutual consent divorce and if both of them file for divorce, then the proceedings will be complete with in 8-10 months.
Hope this information is useful.

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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