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kunal   05 January 2016

Contest divorce

HI, i need suggestion on my situation. All my reconsolidation failed with my wife.She is living separately and now it is one year. Consulted a local lawer and he wants to file rcr. As i read some blogs i understood rcr is waste of time. So i decided to apply for divorce because no other oiption left out here

My doubt is if i applied divorce she has to asnwer my petition on yes or no basis or she can drag without asnwering. Either she has to live with me or she has to agree for divorce anything else she can do appart from this. like telling "i am not interested to live with you and i am not ready to give divorce "?  

what is the cost for divorce petition ? one lawyer told me its 40000 for petition. I know it depends on sate but can i know what can be the resonable price ? 



 6 Replies

Adv. Yogen Kakade (+ 91 9225510883)     05 January 2016

The fees varies from lawyer to lawyer.. but try to talk to your wife for Divorce with mutual consent.. file an application for mutual consent divorce in the family court by yourself if you want to save the money.

jagannath magar   05 January 2016

As per Hindu marriage Act section 13 (1-b) min desertion period is two year for filing divorce petition.however at this stage u can apply for consent divorce as per sect family court.

laxmi kant joshi (instructor)     05 January 2016

Keep on doing your efforts for amicable solution with her, it will to hurry to think and act for divorce, getting divorce from the court is not so easy you have to waste too many years for it, once you will file divorce then your wife in return can file dv and 498a case upon you and you both will ruin your married life by your own ego, therefore i suggest you set aside your ego collect some of your both sides of respected relatives , middle middle man, and arrange a meeting with her parents, convince them and sort out your matter, if you had already done all this then talk her for mutual consent divorce it is easy and fast processed divorce.

ramakrishna (sra)     06 January 2016

Hi ,

I am facing a peculiar sittuation, the details are as below.

I got married in june 2014 and not had any s*xual relation after marriage. After ten days of marriage my wife escaped from home and i filled a missing case and searched for her. We found her after 15 days of missing and took written statement from her and handed over to her parents.

I tried to bring back and she denied to come back to me. I filled petition for contested divorce and sent her notices and given newspaper advertisement, but we didn't get any response from her end. Now i don't know about any information and where about her.

All court proceedings and hearings completed with myself and my family, Actually yesterday we expected judgement in favour, But suddenly today i heared from lawer that Judge has postponed to another date under suo moto proceedings.

I am not aware of that what is the procedure for suo moto and what is the result i can expect from judge as a fina jedgement.

How i should proceed in this sittuation? Kindly help me getting clarified for my curent sittuation.



T. Kalaiselvan, Advocate (Advocate)     14 January 2016


The problems you face is not an isolated incidence, this type of situation prevails abundantly across the length and breadth of the country.

If you want to give a try to save your marriage you may wait for some more time for her to realise and rejoin you or if you have decided to dissolve your marriage, you can first ask her that if she is not interested then to give her consent for mutual consent divorce, if she is not agreeing to that offer also, then you may decide to file a divorce case on the grounds of mental cruelty and desertion.

After filing the case just dont be anxious about what will be her reply or whether she would not give divorce or whether will come back etc., let the law take its own course of action, wait and watch the developments patiently.

About the lawyer fee it will depend on the lawyer you may propose to engage. In my opinion Rs. 40,000/- is not a heavy fees.

S K KARNjhc (Legal Adviser)     15 January 2016

I do agree with the learned advocate

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