What is the procedure to file for divorce

600 votes

In mutual divorce a joint petition is prepared stating the facts when the marriage took place and from when the husband wife are living seperately and similarly a brief reason in general that why they are not living together like differences etc--no personal facts are disclosed.

on the date the first motion both husband and wife need to sign in court the joint petition and then get a six months future date and once they present and sign on second date the decree of divorce is granted.



Alimony is not granted by court in mutual divorce its mutual as you and your wife decide.



Minimum time is six months

The divorce decree in mutual consent is not challengable.

if the point regarding no future claims is added in the petition that will prevent any future claims by any party.

Advocate Vikas Nain LawRato

646 votes

Hi
Divorce can be obtained by two methods,broadly speaking.
If both of you agree for it you can file for divorce by mutual consent and for that you have to show that you have been living separately for last two years.
You may file a petition in Delhi as well.
If both of you do not agree ,one of you have to file a petition on any of the grounds as given under Section 13 of the Hindu Marriage Act.
For that living together is not neceessay.

Advocate Pravin Sharma LawRato

546 votes

Yes if u r living separately from husband last six month then filed divorce case in Delhi jurisdiction if u are living in delhi. If u r living separately from husband only 3 months then wait for 3 months or filed mutually divorce case Thanks Advocate Pravej Kumar Chauhan

Advocate Pravej Kumar Chauhan LawRato

812 votes

Hi
If both of u are not happy with the marriage and want to get seperated, them both of you can file for mutual divorce. From the date of filing divorce petition in six months court will grant divorce.

Advocate Shalini Junjur LawRato

689 votes

If both the parties agrees, you can go for mutual consent divorce. Prior to that the issues with respect to children, articles, alimony etc. to be finalized and a separate agreement has to be entered upon. Before we proceed further, we need to know under which personal laws, the marriage was solemnized ?

LawRato LawRato

772 votes

You will have to initiate a divorce petition signed by both the parties to the court in your jurisdiction. It is understood from your detail that the decision is mutual and not challenged

The proceedings will take its course of time based on the needs of the parties

Advocate Rajkumar Yeddu LawRato

926 votes

It's quiet simple if the parties agree for mutual consent (section 13B).

It should take about 8-10 months totally to get a divorce.

The best way is to approach a lawyer to help you, making it hassel free.

Advocate Saket Bisaani LawRato

947 votes

Dear Sir / Mam,

Divorce can be obtained and there are two ways two get it

First is Mutual Divorce in which both the spouses are ready for ambical seperation whether with some consideration or without, that totally depend on case to case

And secound one is Contested one in which the party / spouse who wants to take divorce has to file a divorce petition in family court u/s 13 of HMA. In this case the party who has filed the case has onus to prove the case and he / she has to show sufficient cause/ground mentioned under the act before the court for obtaining divorce.

In case of any other query you can contact me or you can also come to my office.

Advocate Ashish Bansal LawRato

533 votes

Hello.
Marriages in India are solemnised under Hindu Marriage Act, Muslim laws, Special Marriage Act etc. All of the above have different procedures to dissolve a marriage. Under which law was the marriage solemnised. Also, was the marriage registered?

Regards

Abhishek Yadav
(Advocate)

Advocate Abhishek Yadav LawRato

781 votes

Hello,

If you do not know where your husband is you can still file a divorce case and send summon to him at your last known address. if still summon is not serviced then with the permission of the court then paper publication can be given and then you can get ex-parte on your divorce case.

for further details call me on my cell.

Advocate B. Sivasubramanian LawRato

953 votes

HELLO !

YOU can very well proceed to file divorce with his parent's address or his last address. If summon not served you have to take permission from the court for substituted service, i.e; paper publication to see that the respondent husband receives the message of pending and to make him appear in the court for the next hearing. IF your husband doesn't turns up , Court will set him exparte., Then exparte decree of Divorce will be pronounced in your favour.

for further details contact me in my mobile pl.

Advocate R. Sundaramurthi LawRato

694 votes

You can file divorce with the address where he was living as known to you on the ground of cruelty or desertion. If the notice could not be served you could ask for paper publication and get exparte divorce decree. But if you claim that you donot know his whereabouts as the ground for divorce the years must be 7 years. So first option is the best for you.

Advocate Vasavi Sridevi Sivanandam LawRato

952 votes

Dear Madam, I have understood your problem, we need to analyse from the beginning and several documents requires, we have any details about which state you are living, could you please contact me for discussion prior to filing case.

Advocate Gopinath Ramanadane LawRato

625 votes

If you able to prove second marriage of your husband without giving divorce to you then he will lost his job . Your name and name of your children must in his service book hence all of you are eligible for all benefits

Advocate Durga Prasad Jena LawRato

550 votes

why you want divorce from your husband? As per your statement he has married second time then you just file a case for maintanance. Which helps you to establish the rights of your children.I suggest you to approach the court for maintanance for your children.

Advocate Niraj Kumar Sethi LawRato

680 votes

details like religion, duration of desertion from husband etc. are not given. It seems your's will be a case of divorce without mutual consent, grounds for divorce can be Adultery, desertion and cruelty. There are ways to create pressure on your husband for mutual divorce which will be easier for you to come out of trouble within short period. you can claim maintenance for your children. Since your husband is an employee of Indian Army, there are specific ways to handle the case in favour of you.

Advocate (Dr) Kamala Kanta Mohapatra LawRato

811 votes

Dear Mam
since you are the legally married wife of your husband, you are entitled to get all the benifits as a wife in the property of your husband. Your children are also entitled to get their maintenance from their father. You shall also get the maintenance from your husband during pendancy of the divorce case directly from his salary. So please visit or call me to do the needful.Thanking you.

Advocate Balaram Deo LawRato

785 votes

Yes you can file divorce petition before the court of family of your district. But before file this petition u have show some special reason, i mean to say under the 125 section of CRPC a wife can file the maintainace case against husband but before it u should mention why u have to get divorce from your husband. I think this is not possible here to describe the ground of divorce.

Advocate Suprava Behera LawRato

825 votes

You must understand that by signing on papers of compromise (mutual rajinama) the marriage does not dissolve. Both the parties have to get divorce from the court. Further before getting divorce, marrying to another spouse is a punishable crime know as "bigamy". I think either your first mami does not know that your mama has been married again, she can file another criminal case against your mama.

Your mama must know that without taking proper divorce from court, the second wife cannot take place of a wife and your mama is in problem.

To get rid of all this, your mama need to hire a lawyer and to contest (fight) the case. For further inquiry you can call or send me mail.

Advocate Arun Kumar LawRato

913 votes

According to Hindu marriage act one have to take divorce before doing second marriage. If your uncle have not taken divorce which is lageal then he is going to to face problems in this matter. He has to take divorce from his first wife

Advocate Parsidh Singh Nain LawRato

653 votes

Just show the papers in the court and contest the case of divorce. You can also ask to your mami ji to sit together to resolve the issue amicably and file mutual divorce with the consent of both parties before the court.

Advocate Puneet Sharma LawRato