What is the procedure to file a case of divorce

647 votes

Hi Sir,
You can file divorce petition against your wife on cruelty ground as you stated in your query but it is difficult to get custody minor female child as court normally not allowed for husband.

Advocate Shashikumar K LawRato

524 votes

If your wife agrees go for mutual divorce. In case if she is not agreeing you can send a legal notice and carry forward the same to file a case for divorce on the basis of mental torture. To get your daughter you have to file a case for custody of the child.

Advocate Sharada H V LawRato

705 votes

At least one year should have passed after a marriage for one of the spouses to file for a divorce, assuming that you are a Hindu by religion.You have not stated how recently you have married. Also you should come up with some valid ground for seeking divorce.

Advocate S.K Prabhakar Shetty LawRato

881 votes

There are certain formalities which you need to follow. First of all you need to identify whether you are eligible for filing the divorce petition and whether you have any grounds for the divorce case.

Advocate Sadanand Naik LawRato

998 votes

you have not mentioned the date of marriage. First after completion of one of marriage you are eligible to file divorce petition against husband or wife. and also both spouses are should be separated one year. after that you should file petition. reason should be sholud be solid.

Advocate Bharati Patil LawRato

835 votes

Dear madam,
You just mention that you want divorce but you don't mention any reason for divorce, you can file a Divorce petition but you have to narrate valid reason to get divorce before court otherwise difficult to obtain divorce.

Advocate Shashikumar K LawRato

509 votes

Firstly You will have to filled a divorce petition regarding harassment and mentally torture in the court, and after that you will have to prove your harassment as well as mental torturing, give them all relevant evidence.etc

Advocate Ankush Verma LawRato

804 votes

Hello you can file a divorce under hindu marriage act .and you can file domestic violence case ....due to the reason of mental harassment ..and but both are file separate court....

Advocate Neelam Rai LawRato

839 votes

Yes. You can file divorce case legally. You can meet any lawyer. He will tell you all the formalities for a divorce. Domestic violence is sufficient to get you divorce. Even custody of kids can be obtained by you.

Advocate Wg Cdr J.P Sharma (Retd) LawRato

608 votes

You Can go towards simple procedure to get divorced which is mutual divorce but the condition for getting a mutual divorce is that your husband should also be ready to give you divorce on specified conditions you want. If Both of you are ready to give divorce without any complications then only the mutual divorce process succeeds otherwise file contested divorce petition under section 13 (1), (1) A, (2) along with other cases of 498 A IPC and D.V Act for instant relief and can also file 125 crpc for maintenance

Advocate Puneet Sharma LawRato