What is the procedure to file for divorce?

646 votes

Sir
You can file divorce petition in family court under sec 13 of hindu marriage act (sikhs are covered under hindu marriage act). Buy if your wife also agree to give you divorce and alimony is also settled you can file petition for mutual divorce and court with in 6 months pass decree for divorce. But if your wife not agree for divorce then petition under sec 13 has to be filed. Ground for divorce can be explained by me when I know the facts.
But there is one condition court cannot allow petition if one year time of marriage has not elapsed. Then first we have to file application and take permission from court that marriage is at sich stage it's not possible to continue such marriage.
Thnx

Advocate Mohit Gupta LawRato

937 votes

Their are two ways you can file for divorce one is divorce by mutual consent and the other is a single party can also file for divorce in both the cases you have to follow certain conditions, if the parties decided to file mutually then it took 6 months to get the decree of divorce otherwise a single party have to contest the case. Since you belong to a Sikh family you are governed by Hindu marriage act and you have to file for divorce under this act in the court of law.

Advocate Deepak Singh Balouria LawRato

750 votes

You can move an application for divorce in family court, with the relevant facts and evidence. You should approach lawyer for this matter and narrate the whole story. You should approach court to defend yourself in the other matters filed by your wife.

Advocate Anil Upadhyay LawRato

884 votes

As if she has filed FIR u/s 498 and 406. Than file a case of divorce with consult of a lawyer and plea for her torture and such evidences in support. As she will file maintenance too against you. So don't take it lightly and treat in regard. Best of luck.

Advocate Salil Tripathi LawRato

561 votes

First of all you need to save yourself you should file a complaint in police station stating all your issues and also state that she is giving threats to kill herslf . Yes you file the divorce case in court under section13 (1) IA ON cruelity basis. Also she is pregnent your child can cliam his rights even after divorce. She can not claim aftr divorce once the full nd final settlement us done. For further clarificaton you can contact me.

Advocate Meenakshi Aggarwal LawRato