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Rajesh Joshi (Teacher)     04 November 2014

Want to seek divorce

I want to get separated from my wife after spending 2.5 years of married life,as i came to know that she is harassing my parents in my absence and she is not tuning into the family as required and creating chaos all over,hence causing a very tensed atmosphere in the home to live with....I just want to know the basic laws to start the legal proceedings and to work out things well in advance so as to prepare for my case stronger.Please help me out with this.........


 10 Replies

Before knowing laws, get separate accomodation for wife. It is not condusive environment to put wife with parents. Nuclear family is best option. Divorce getting not easy in India. Contested divorce takes 7-8 years to get over. Dont jump the gun. Two lionesses cannot be put in 1 den.

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     04 November 2014

Dear Mr. Joshi,

First of all let me tell you that being seperated and getting divorce are two different things Section 10 of Hindu Marriages Act. provides for Judicial Seperation and Section 13 of HMA provides for Divorce, if you see that there is some room for improvement after being seperated then you may file a suit for Judicial seperation whereas the grounds provided by law are same for seperation and divorce.

Adv. Nikhil Seth (legal consultant (9867264707))     04 November 2014

Dear Rajesh ,

At the outset you need to speak to your wife about the said issue.Indulging legal process is premature at this stage , because there is no such ground. to divorce as it appears from your query. By sitting with your wife you can figure out problems .





Vickey Seerapu (Lawyer)     04 November 2014

Hi Rajesh, According to the Hindu Marriage act, getting divorce is not so easy. In many cases divorce can be granted by mutual commitment. In your present suitation it is not a right time to take will leads to criminal action according to law. Try to talk with her and resolve the issues in better way.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 November 2014

Dear, Try collect evidence of her acts, they will be useful for you as an evidence and then speak to.her regarding the same. If still she don't listen to you, please call and discuss. Adv kapil chandna, 9899011450

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014



Law can not be learnt on the forums in quickfire way. Better meet a good counsel and discuss your problem threadbare and then proceed in the case/



Rajesh Joshi (Teacher)     05 November 2014

Thanks everbody for your expert feedbacks,

Please guide me with the below query,

Will it be legal if i record some audios and videos and can i use it in the court to be presented as an evidence if required at all, i am asking because i have such proofs with me in which she and my in laws are harrassing our family with no reason with lots of negativities.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

Yes, it would be legal.



Adv k . mahesh (advocate)     05 November 2014

the audios and videos can be used as it is without editing and it can be used as evidence in the court  

Rajesh Joshi (Teacher)     05 November 2014

thanks a lot reply, which 'acts' can she impose on me legally....and can they harm me and my family ?

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