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Jitu   17 May 2019

Unilateral divorce

 I am from Jaipur, Rajasthan. I am Hindu and I want to take divorce from my wife. I got married 7 years ago and I am living separately from last 9 months. I haven’t talk to my wife about mutual consent divorce so far but I am planning to do so. I don’t want to make it painful for both families so I don’t want contested divorce. If she doesn’t give her consent for mutual divorce, can I give her unilateral divorce (no fault divorce) and smoothly end this relationship? Who can file unilateral divorce? In what conditions / circumstances husband can give unilateral  divorce to his wife? Is it applicable in Rajasthan for hindu marriage? If yes, could you please tell me what is the full procedure of unilateral divorce.

Thanks in advance.



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 May 2019

Dear querist is there any reason for separately living?  is she interested to take divorce.  off course you can file divorce petition for sufficient reasons.   so consult local advocate having knowledge in divorce matters.

Vijay Raj Mahajan (Advocate)     18 May 2019

There is no unileteral divorce unless the court summons or notice served upon the opposite party, wife and she refuse to defend the divorce petition in the Family Court, the court proceed ex-parte against her and on the basis of your evidence decide the divorce petition.

K.P.Satish Kumar (Advocate)     28 May 2019

There is no unilateral divorce but you can go divorce by mutual consent where you have a chance to get divorce order within 10 days. 

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