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Citizen Kane (manager)     03 August 2013

Christian divorce

My senior colleague is 48 years old. She has been living separatley from her husband for the apst 7 yeras, in aother portion of the house. He used to be abusive and when my colleague gained fiancial indpendence  she moved to another room and  asked for divorce. The husband by this time was bankrupt due to partying and boozing and was not willing. But the lady wants a divorce. They have a  flat that thye co-own. She wants her share of the flat and then only can she move out as her aged parents have promised to help her buy another small flat for her. What are her options. Theya re Christian Catholics.



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 7 Replies

adv.raghavan (Advocate,9444674980)     03 August 2013

yes she can file divorce petition under divorce act 1869,(indian divorce act).

1 Like

(Guest)

Through(Indian divorce act )she can file the petition.


Just go trough the link

https://parting.hpage.co.in/christian-divorce_75469693.html

 

Sorry....No need to give suggestions who don't know the meaning of help.

1 Like

Citizen Kane (manager)     05 August 2013

Please dont push your personal agenda here and give links to pages which are obviously written by someone who knows nothing about the law. If you cannot answer a question in the forum then leave.

1 Like

(Guest)
Originally posted by : Citizen Kane

My senior colleague is 48 years old. She has been living separatley from her husband for the apst 7 yeras, in aother portion of the house. He used to be abusive and when my colleague gained fiancial indpendence  she moved to another room and  asked for divorce. The husband by this time was bankrupt due to partying and boozing and was not willing. But the lady wants a divorce. They have a  flat that thye co-own. She wants her share of the flat and then only can she move out as her aged parents have promised to help her buy another small flat for her. What are her options. Theya re Christian Catholics.


48 and wanting divorce. Its never too late is a encouraging phrase, but at 48 divorce? Most of the judges/magistrates are hardly 29-32 who will decide on your friend's case.

Just think about that.

You can file for divorce right away either.

1.  Based on mental cruelty [booziing, shouting etc]. or..

2.  Mutual consent divorce which will be best for the given age.  Process would be 6 months of waiting period and then you'll be granted divorce.  Here you makesure that the said property which is co-owned be split in half, these things have to be mentioned in the MCD papers.  As to how to split in half?  Either the guy has to cough up equivalent money which amounts to half.  Or the same half can be given by wife to husband and take over the property in total. Both not possible?  Sell of the property and whatever you get from such sale of property, divide it 50:50.  50:50 in case both have put in a share of 50:50.  If its 75:25 etc likewise sharing will be done.


498aindian (other)     05 August 2013

@ citizen kane,

IF somebody is helping you without any expectations or any money,you should accept it or not it depends on you,but writing stupid comment for him doesn't show any generorsity in you.However the link is very much useful.It shows you are so mean minded person.


 

stanley (Freedom)     05 August 2013

Originally posted by : Divorce Lawyer
Originally posted by : Citizen Kane
My senior colleague is 48 years old. She has been living separatley from her husband for the apst 7 yeras, in aother portion of the house. He used to be abusive and when my colleague gained fiancial indpendence  she moved to another room and  asked for divorce. The husband by this time was bankrupt due to partying and boozing and was not willing. But the lady wants a divorce. They have a  flat that thye co-own. She wants her share of the flat and then only can she move out as her aged parents have promised to help her buy another small flat for her. What are her options. Theya re Christian Catholics.48 and wanting divorce. Its never too late is a encouraging phrase, but at 48 divorce? Most of the judges/magistrates are hardly 29-32 who will decide on your friend's case.

Just think about that.

You can file for divorce right away either.

1.  Based on mental cruelty [booziing, shouting etc]. or..

2.  Mutual consent divorce which will be best for the given age.  Process would be 6 months of waiting period and then you'll be granted divorce.  Here you makesure that the said property which is co-owned be split in half, these things have to be mentioned in the MCD papers.  As to how to split in half?  Either the guy has to cough up equivalent money which amounts to half.  Or the same half can be given by wife to husband and take over the property in total. Both not possible?  Sell of the property and whatever you get from such sale of property, divide it 50:50.  50:50 in case both have put in a share of 50:50.  If its 75:25 etc likewise sharing will be done.


 

@ Author the bible states what god has joined let no man break . Even if you go for dovirce and the manner in which indian courts function your would be in your sixties grey hair wrinkles and by the time you would be running around courts and wasting your money on lawyers fees as well as your time and getting frustated . Its better to part peacfully and settle things ambically with your husband and take your share of the property .

@ Divorce Lawyer the author has stated that her husband is not agreeing for Divorce than how is MCd possible ;)

Citizen Kane (manager)     05 August 2013

Thank you so much for your reply. Thinks are clearer now.


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