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Durgaprasad (Jr. Process Engineer)     27 April 2013

Divorce

 

Hi

Myself Durgaprasad

on last year April 14 2012 i getting marriage but after my marriage she has external affair  so i want to divorce from her so give me some legal solution for this

I have proof for their external affair 

Give me solution for the divorce and property related issue

Please also give the solution for How to divorce from her  and How much time it takes



Learning

 6 Replies

Advocate Nitya Bansal (Partner)     27 April 2013

You can in the circumstances seek divorce on grounds of adultery from her u/s 13(i) of Hindu Marriage Act (I have assumed that your wife and you are both Hindus. Correct me if I'm wrong), provided you have clear evidence to prove adultery.

Otherwise it would be best to convince her for a mutual consent divorce. You can do that by talking things out with her. Else you engage a lawyer to send her a legal notice.

Regarding maintenance- Merely because you are the one seeking divorce on grounds of her infidelity, does not spare you from paying alimony to her.The fact that her conduct resulted in the divorce may be considered to an extent to reduce the amount of alimony. But overall alimony/ Maintenance is a separate matter. That will be determined depending on various factors including your income, her income, etc.

Durgaprasad (Jr. Process Engineer)     27 April 2013

Tentatively howmuch mentainance  

She is housewife and i am chemical engineer having package of 5.5 lacs

If have to give mentainance how many year have to give her per month

Advocate Nitya Bansal (Partner)     27 April 2013

It totally depends on your income, properties owned, standard of living, your wife's income and properties and the negotiating capacity of  the lawyers on both sides, etc. I cannot give you any tentative figure. However from my experience, if you do not own any properties, and if your wife is not working, then somewhere around one third or one fourth of your monthly income may be awarded as maintenance to your wife.

However, in your case, the fact of your wife's infidelity will go in your favour to an extent, though it may not totally relieve you.

kush (engr)     27 April 2013

It is very unfortunate that within one year of your marriage you have to take divorce. Never ever think of filing a divorce under section 13(1), as it may put you and your family members in trouble and also case wil go on for years. More than that it will lead to lot of mental trauma.

I feel best is you kindly talk to her politely and convince her to get separated under section 13(B).  Don't show your anger or abuse her.

You both can also consult a marriage councellor. It will help both of you in resolving the issue faster.

I am not a lawyer.

Regards,

Kush

Adv k . mahesh (advocate)     27 April 2013

grounds which you have explained can be taken on mutual talk to her and appear thorugh a lawyer and file divorce which take less than one year but both has to be on divorce if any one objects again the process will take some more time 

so first talk to her and file the papers and about maintenance 

1.  should see if she stays with you or stays independently 

2.  if you have any children also you have to pay

3.  finally you can settle the matter by paying a lumpsum alimoney without any maintenance and settle the matter 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 April 2013

Courts  waived the mandatory six-month waiting period for couples, who, during the pendency of their appeal against the family court order, decide to end their marriage through mutual consent. Appeals against family court orders are heard by the high court. The latter can now instantaneously grant divorce.

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