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rajeshjaiswal   11 March 2015

Suggestion on divorce

Hi,

I have completed one year of seperation  with my wife.No Child.

I want Divorce.

Should i file file for Divorce.Because they are not taking any initiative.

pls suggest.



Learning

 5 Replies

R.K Nanda (Advocate)     11 March 2015

yes, u can file divorce petition in court.

rajeshjaiswal   11 March 2015

Thanks for the reply.

Can u pls tell that what are the losses of Filing divorce By me and how much time it will take.

 

Adv. Chandrasekhar (Advocate)     11 March 2015

First, divorce is not for the sake of divorce.  Law stipulated certain grounds - cruelty of spouse, extra-marital affair after marriage, desertion of continuous two years without any valid reason (This is not applicable to you), mental disorder etc.  You should have genuine reason for seeking divorce.  Once divorce is filed, she will file maintenance case, and domestic violence case  and /or dowry harassment case depending upon her outlook towards this very, very lengthy one year matrimonial life and her concern towards you and your family.  You will have to pay maintenance to her if she is not self sustaining, till she remarries or loses her chastity.

Sonia Saini (advocate)     11 March 2015

Dear Rajesh,

There are two kinds of divorce one being mutual consent in which both parties agree to divorce each other on mutual agreeable terms , this takes 6 months.

The second one is contested divorce which is battled in court by both parties, this takes around a lots of time depending upon the court dates and the lawyers of both side .

Regards,

Adv. Sonia Saini

9873658554

S S Global Law Firm

Adv k . mahesh (advocate)     11 March 2015

with limited source of information the answers will be not correct and only one line answers can be given 

what made you both separation for one year and what steps you have taken to reconcile for happy marriage life, this two things are basic to answer correct 

and if want to answer your query of one line in the same way you can file for divorce first or wait for there turn for filing or giving complaint on different accepts like 498a, dv, maintenance, rcr, divorce case and if you have decided to give divorce then talk to her and go for mutual consent divorce in which within a span of 8 months both will be separated without any mental agony as both parties will be agreed for the same and no appeal also 

and in divorce if you or your wife file then any one will contest and if you file then your wife will contest which will take more then 3 years 


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