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Divorce

(Querist) 14 September 2015 This query is : Resolved 
Sir, we were married for the past 17 years, don't have a child, due medical reasons in me. Now that my wife staying with her parents since February 2015 and not in conversation with me. But keep posting allegations against me within their relatives and friends commonly known to us. She is also either directly or indirectly creating problems with my profession. She trying to file divorce (not a mutual one). My question to you is

01. Under what law is she entitled to file divorce?
02. Can she file a divorce asking for settlement of property owned by me? Currently she is employed with a media house in chennai.
03. How long it will take to settle the divorce in court?
04. What are the precautions I need to take prior to her filing the divorce?
05. What are the fees structure if any for these proceedings in Court?

Kindly let me know the details on these at the earliest.
Guest (Expert) 14 September 2015
Dear Shri Mahadevan,

Your queries are quite premature, not supposed to be answered now without any such problem.

Let her file divorce and only then based on the allegations and other contents of the divorce petition ask your question/s.

Right now, as a matter of precaution, you can only ask for RCR.

Rajendra K Goyal (Expert) 14 September 2015
1. If Hindu, she has to file under The Hindu Marriage Act, 1955.
2. Divorce normally does not entitle her the share in husband property at present.
3. Can not be predicted.
4. Vague question.
5. Fee structure of the court is nominal, lawyers fee has to be settled.
Mahadevan (Querist) 15 September 2015
Thank you, Mr.Dhingra and Mr.Goyal
Guest (Expert) 15 September 2015
You are welcome.


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