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Chit (yyy)     26 April 2013

Divorce details

I have been separated from my husband for the past 5 years, after how many years later I can apply for the divorce,  Since he is not willing to give divorce .  Is there any rules that after few years of separation we are eligible to get the divorce? we both living in separate houses for the past 5 years.  thanks



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 5 Replies

fighting back (exec)     26 April 2013

what was the reason for seperation? and why is he not willing to give u a divorce? you can talk your way out. also, you can take the grounds of desertion for filing a divorce petition,

you can talk to him in a logical manner, and explain that this bond has no value left and part ways peacefully, else you can file divorce yourself on grounds of desertion and non cohabitation.


(Guest)
Originally posted by : Chit

I have been separated from my husband for the past 5 years, after how many years later I can apply for the divorce,  Since he is not willing to give divorce .  Is there any rules that after few years of separation we are eligible to get the divorce? we both living in separate houses for the past 5 years.  thanks

Since he is not willing to give divorce... You can file for divorce and he will surely contest the divorce petition filed by you, it will take a good 5-6 years till you get divorce.


Try convincing him for MCD> 

Chit (yyy)     26 April 2013

Only after the marriage I came to know he has so many girlfriends, sometimes used to bring them to the home itself.  Chain smoker and always drinks.   So many tortures and dont consider me as a human being.  No affection on the family.  After all the problems decided to get rid of this hell.  No contacts for the past few years, but tried for MCD but said not willing to give and also not willing to change his attitude.  But I dont wan to complint in the police for the harrasments due to kid. Now I need a divorce in a peaceful manner.  I dont want any maintenance or property or anything from him for my kid also.

Adv k . mahesh (advocate)     26 April 2013

some or the other way you want divorce means convince her first make him to pay maintenance then demand alimony and the convince if you not pay will charge 

then final resort tell him to give divocr on mutual consent which is quick 

better to take local lawyer 

Advocate Nitya Bansal (Partner)     26 April 2013

You can always contest divorce on grounds of desertion for more than 2 years. You can also take the grounds of adultery if it applies to your case.

A recent decision by the Apex Court has made it mandatory for Family Courts to first refer all matrimonial disputes to mediation. The filing of divorce proceedings may put some pressure on your husband and mediation process may help you two to agree to a mutual consent divorce. 

Best would be to contact a local lawyer to take the process forward and approach the appropriate family court.


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