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When is the right time to file for divorce


27-Sep-2023 (In Divorce Law)
My brother was married by hindu law . It has been 1 year and 6 months since his marriage . Due to difference of opinion and ego clash and torture from his spouse , he is planning for a divorce . No child for them . Both my brother and his spouse are Hindu . His spouse is not agreeing for divorce by mutual consent . So we are going to send divorce notice to them . My question is - Is it better to file a divorce case now or after 1 year by living separately ? If its better to file divorce after 1 year by living separately , I need to know the benefits for that . Thanks I hope I get reply for this query
Answers (5)

Answer #1
554 votes
For Hindus, if you want to file for Divorce on the ground of Desertion, the other spouse must have deserted for a period of not less than years, that too without any reasonable cause. If you want to file a petition on the ground of cruelty , you should prove it before the court with solid evidence. The cruelty must be of such nature as defined by the courts in number of cases. Mere ego clash and difference of opinion are not all grounds for granting divorce. If you are really worried about your brother first take them to reputed marriage counselors for counselling.
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Advocate Vasavi Sridevi Sivanandam

Adv. Vasavi Sridevi Sivanandam

LawRato Chennai | 25+ Answers
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Answer #2
921 votes
For mutual divorce - one year of life should be completed. for other grounds 1. Cruelty - divorce can be filed anytime 2. Desertion - after marriage the couple should be separated for 2 years. If there is misunderstanding and fights going on between couple the the divorce can be filed on cruelty ground.
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Advocate B. Sivasubramanian

Adv. B. Sivasubramanian

LawRatoChennai | 5+ Answers
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Answer #3
623 votes
your wife has left her maternal house in October 2018 2019 she filed a case for 9406 degree of section 9 Apache Masih filed a case of CrPC 125 what would we like to see for Thai Boss that we need to discuss your case
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Advocate Vivek Mishra

Adv. Vivek Mishra

LawRatoAllahabad | 900+ Answers
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Answer #4
574 votes
Dear Sir.. It would be better if you can share case documents with us, so that we could guide in a better way. Also please share copy of chargesheet filed against you. Thanks and Regards
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Answer #5
542 votes
Hello divorce ka pahla or sbse lagest ground jo hai wo hai cruelity waise to to grounds hai wo or hai lekin usse koi lena dena ni hai... is k alawa 1 ground or hai agr wife / husband kisi 3rd person k sath koi intercourse / second marriage kr le to ye divorce k lene k liye easy ground ban jate hai... baki aapko jo bhi information chahiye ho aap mujhe call kr skte hai. meri profile pr visit kr k aap waha se mera no. le sakte hai. Dhanyawad.
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Advocate Gopal Gupta

Adv. Gopal Gupta

LawRatoKanpur | 25+ Answers
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