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Abhi (Professional)     16 June 2011

Separation from a Joint Family

Hi,

I am employed and live away from my family. My brother runs a small business, my parents live with him. I am youngest in the family; I have two sisters who got married. I am planning for divorce from my wife so wanted to separate from the family so that the property which I got only considered in the court at the time of divorce.

Can anyone please tell me the legal procedure for separating from a joint family? What kind of agreement/documentation is required to prove the separation and property at any point of time in court?

Thanks in advance.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 June 2011

divocer from the civil court is only the valid remedy available for you.    You have not at all mentioned for what reason you are going for the divorce, without valid grounds you cannot seek divorce. 

If your wife is also agreed for the divorce then only  you can file consent divorce petition in the court, but remember it eventhough you have filed consent petition court won't allow your petition immediately, it gives time for conciliation.

Your wife cannot claim any share in your self acquired property.  If you have children and they are minor they can claim their in your share in the ancestral properties, thru., your wife.

The settlement between your and your wife regarding the divoce and got exeucted any document then it is not valid one, except civil courts no body has got jurisdiction.

Abhi (Professional)     16 June 2011

Thank you Rajoo Sir for the information. I am going for the divorce with consent, she agreed for the divorce; divorce is because of personal splits between us. I am not femilier with the legal stand on the distribution of the properly (land, cash, bonds etc..) while separation. My understanding from your above reply is that, legally it is not possible for my wife to ask for the share in my property as we don't have kids yet. Please correct me if I understood wrongly.

I got married ten months back, I heard that legally divorce is allowed only after one year of marriage. One month back I sent my wife back, now she is staying with her parents.

 Is that we should live together for one year to proceed for divorce or just one year of marriage is sufficient (no need to be together for the entire one year) to file for divorce?

Thanks again for the information.

prabhakar singh (advocate)     17 June 2011

" I am planning for divorce from my wife" are your words,for what reason???? sorry! we do not help planning,we simply address problems concerning law.


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