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What is the procedure of divorce


07-Jan-2023 (In Divorce Law)
My wife does not want to live with us what happened if go to the court how many time is required in divorce
Answers (19)

Answer #1
984 votes
Sir, u both of u required to move joint petition of mutual divorce u/s13(b) of hindu marriage act 1956
After that court will put ur petition for mediation..then u ll get 6 months n then evidence n then judgement
Answer #2
993 votes
What is the date of you marriage. If you have completed 1 year of marriage you can file mutual consent application under section 13 B of Hindu Marriage Act. Have you settled the maintenance issue. Do you have any child. file 13B application after 6 months you and your wife will get divorce by mutual consent
Answer #3
674 votes
If you both mutually take divorce then it will take only six months. There is the separation period of one year. You need to hire a advocate he file petition for mutual divorce under section 13 B of Hindu marriage act .
Answer #4
758 votes
If your wife do not want to live with her and your agree with her decision than you can file for mutual divorce which will take 6 months plus 1 month for getting order. You have to attend court 2 to 3 time.
Answer #5
840 votes
If you and your wife both ready for divorce then file application in family court for mutual divorce through advovate and its need 6-7 month time first you need to go for filing and after that for evidence thats it
Answer #6
510 votes
You need to tell em how their marriage was performed ? How old was she then / and how long they are married as on this date? If she is willing for a divorce , whether her family know about this idea? I cn help after discussing this.
Answer #7
786 votes
Dear sir,

Tell your friend to come and furnish full facts . Its better to have a face to face meeting , understand the facts and further guidance can be given. Please feel free to contact me. Thanks for writing.
Answer #8
964 votes
First of all in what age did she get married?
Is her marriage registered?
Is she staying with her husband or has she returned to her hometown
Initially we have to send a legal notice basis the allegations that she has against him and is he willing to give divorce?
Answer #9
804 votes
Hi

First of all you have to file domestic violence case before the court.
You can avail relief against the violence.
You can also proceed to family court for divorce and maintenance

Contact with proper facts of the case
Answer #10
603 votes
If Husband Harassing you Physically or mentally,in that case you can file complaint against Your Husband in Local Police station . and Also You can File Divorce Petition in Family Court.
you can demand maintenance from Your husband.
Answer #11
856 votes
hi dear,
sorry to hear this, yes you can file domestic violence application in magistrate court and also file divorce petition in family court on ground of cruelty and mental harassment. moreover i would suggest both of you sit for counselling and sort differences if that is possible at all.
Answer #12
820 votes
Hi, As regards your query you can definitely take legal steps to take appropriate recourse as per your grievance. You need to immediately consult with an expert matrimonial/family lawyer near your place.
Answer #13
901 votes
Hello dear
As you have mentioned about the present scenerio, yes you can file a divorce petition making the act of respondent behaviour as a ground. And make parties to new husband too because it is not permissible in the hindu marriage act to perform a second marriage in the lifetime or without legal sanctity of law to get re marry
Answer #14
726 votes
In your application under sec.9 you inform the court about all recent developments and make a prayer for amendments of your petition in divorce. The court will consider all the aspects. After passing, even ex party order, you are free to marry.
Answer #15
797 votes
Dear client, you should get all detail of her marriage, if it is confirmed , legal steps can be taken, criminal and divorce. Confirm her address for notice at permanent address or her present address.
You should consultant further for legal advice as soon as possible.
Answer #16
929 votes
You will have to file a Matrimonial case in the Family court for grant of decree of divorce against your wife on the ground of cruelty ,desertion and adultery.without getting divorce no valid marriage can be performed. Section 9 of Hindu marriage act is for restitution of conjugal rights and therefore no question of remarriage arises even after ex parte order under section 9.
Answer #17
853 votes
Sec-9 only provide about establishment of conjugl ryt.if due to any reason she will nt receive any notice than u will get the benifit of ex-party for conjugal restortation.u should also file a informative before cjm court..contact
Answer #18
607 votes
Laws for divorce are different for different religions. Yours is a complex situation because you are a convert. In order to come to a conclusion relevant factors are the customs under which you got married, and the mode by which you got converted.
Answer #19
992 votes
Dear madam,
If your husband and you both are ready for divorce, both can file mutual consent, if your husband is not ready for divorce you have to file divorce petition on cruelty ground before competent court.

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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