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Doomed (own)     21 March 2014

Time for divorce

I am Hindu girl married to educated  Sikh in business. I want to seek divorce because of mental torture and ill treatment. How long will it take? I do not want any compensation for quick settlement and have no children.

Please advice as he does not want to give divorce. We are married for 6 years with unhealthy relation. Thanks



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 14 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     21 March 2014

Talk to your husband and willing file a mutual consent divorce petition, within 6 months everything will be over, that too without any blame gaming.

If he denies, then you will have to file a petition for divorce taking the ground of cruelty. There is no time limit for such cases and may get over anytime between 2 to 4 years or beyond.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     21 March 2014

Talk to your husband and if he is willing file a mutual consent divorce petition, within 6 months everything will be over, that too without any blame gaming.

If he denies, then you will have to file a petition for divorce taking the ground of cruelty. There is no time limit for such cases and may get over anytime between 2 to 4 years or beyond.

Dr J C Vashista (Advocate)     22 March 2014

Well advised by Ms. Vandana Vaidya, Advocate, I concur

Doomed (own)     22 March 2014

Hello ji:

What is better, he files divorce case or me? Also does it make difference in time scale to settle the case. depending on who files the case?

Thanks. 

Doomed (own)     22 March 2014

Hello ji:

What is better, he files divorce case or me? Also does it make difference in time scale to settle the case. depending on who files the case?

Thanks. 

Biswanath Roy (Advocate)     22 March 2014

Mutual Divorce petition is to be signed by both of the husband and wife . It is a consensus and divorce order can come out within six months or so.

Kapil Gupta (Advocate)     22 March 2014

Dear ma'am, you should first of all tryto solve the matter amicably. If you find no ray of hope, you can file the divorce on the ground of cruelty. But you should file for the maintenance also. Section 125 CrPC gives you the right to get maintenance for which you are accustomed to live. For anymore help, you can contact me on my e-mail id or my mobile number. Thank you. KAPIL GUPTA ADVOCATE

Sushil Kumar Mishra (Area Manager)     22 March 2014

Dear Kapil...The lawyers like you are curse to society. Did she ask about maintenance? You are looking for your business only.you didn't tell her about even mutual consent divorce. Learn from Adv vandana vaidya.

DR ISHWER TAYAL (ASSISTANT PROFESSOR)     22 March 2014

My sister after tolerating cruelty for about 3 years of marriage was left with no option what to visit court for help and got cases registered under various sections of Indian Penal code like 408/ 223 IPC, Domestic Violence etc in response he filed civil case under section 9 of Hindu Marriage act ...now after 2 years of court proceedings, filling case for maintenance under section 125 etc still no economical relief granted by our honorable courts because the summons are not being received by the respondant for this or that reason........

Kapil Gupta (Advocate)     22 March 2014

Shushil ji, please make ur habit to read the whole statement and then comment. You have no right to declare who the curse is. If you would have read the whole advice of me, you would have never been like a fascist. You can disagree but you have no right to be offensive. I think you should have patience which is the main feature of an advocate. Thank you.

Kapil Gupta (Advocate)     22 March 2014

Shushil ji, please make ur habit to read the whole statement and then comment. You have no right to declare who the curse is. If you would have read the whole advice of me, you would have never been like a fascist. You can disagree but you have no right to be offensive. I think you should have patience which is the main feature of an advocate. Thank you.

FightForCause (Businessman)     22 March 2014

Kapil Gupta Ji,

If you would have yourself read correctly the original poster ? you would have understood she is not in favour of taking maintenance but just wants a fast paced divorce.

Vandana has well advised her and your advise definitely is not upto the mark.

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

@ Doomed:  If you still feel there are no chances for living together a married life any more and if this divorce is the only relief, you may go ahead with it, firstly talk to him convincing him that there is no use of living a life which is not there hence ask him to agree for a divorce on mutual consent, if he is not willing to sign papers for mutual consent, you may go it alone filing divorce case against him on the grounds of cruelty or whatever be the factual reason.  The time it will take on contested decrees will depend upon the performance of parties (counsels)in the court and during the proceedings, it may finish within a year or it may prolong for many years too. Therefore first try for amicable solutions.

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

@Dr. Ishwar Tayal:  You have stated that the DV case is going and his RCR case is going, then how come he is evading the receipt of summons in 125 Cr.PC case?, you may while filing process for summons in the next hearing inform the judge about the his appearances in the other cases before the court and request for hand summon to be issued to him by the process server  in the court itself during his appearance in other related cases.  This  way you can find relief.


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