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karunesh (PROP)     07 July 2011

Divorce

I WANT TO TAKE DIVORCE FROM MY WIFE.

WHAT ARE THE LATEST RULE TO TAKE DIVORCE AT THE EARLIEST.

IF I FILED DIVORCE PETITION,THEN, HOW MUCH TIME IT WILL TAKE, IF, WIFE IS N'T AGREE TO GIVE DIVORCE.



Learning

 8 Replies

Raj (executive)     07 July 2011

i'm also looking for an answer to this question. Please let us know!! Regards.


(Guest)

Mutual consent divorce.For that both the party should be ready to get divorce.

harshit saxena (student)     08 July 2011

divorce in hindu laws,based on fault based theory,proove the fault,get the divorce....

Adv. Chandrasekhar (Advocate)     08 July 2011

Mutual consent divorce.  It takes 6 to 7 months.  If any one wants to get divorce, it is the shortest period and cannot be shortened further.  If it is a contested divorce, it will take years together.

karunesh (PROP)     08 July 2011

Sir,

What are the grounds to take divorce.


(Guest)

Hi Karunesh

As rightly said by Advocate Chandu, Mutual consent divorce is the easiest and hasslefree option to take the divorce, However If your wife is not giving divorce, then the only option left with you is to file your case in court AFTER showing 1 YEAR OF SEPARATION PERIOD.

Unfortunately in our country, Men have very limited grounds to take the divorce and one of them is under CRUELTY AND DESERTION under SECTION (1)(i a) & 13(1)(i b) OF THE HINDU MARRIAGE ACT OF 25 of 1955 AS AMEDED BY THE MARRIAGE LAWS (Amendment) Act OF 1976.

Time to take the divorce is entirely upto the STRENGTH of your case and the CAPABILITY OF YOUR LAWYER.

In my case I have taken the divorce from my wife of 9 years(also having a daughter of 6 years)
in 14 months timeframe after proving THE CRUELTY AND DESERTION on her part in our marriage

ch (partner)     08 July 2011

SECTION (1)(i a) & 13(1)(i b)   could u please brief this section.


(Guest)

Already mentioned CRUELTY AND DESERTION

Cruetly means any type of mental and physical cruelty by either spouse is a valid ground for taking divorce.

Desertion is when either spouse does not stay together.


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