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Debjyoti Chatterjee (Propriter)     10 June 2012

Information regarding filing of divorce..

Hi everyone,

     I am 31yrs Male. I got married in November 2009, I live in Kolkata. My wife's parental home is in Allahabad. My marriage took place in Kolkata, she and her family came here(which is a bit uncommon- we have a huge family here in kolkata, and they have very few family member in allahabad, so this was the reason). Our marriage and registration of the marriage happened on the same day and in Kolkata.

     This is 2012, after nearly 30 months of adjustment and failure (by both of us), we have come to a conclusion that we cannot be together for the rest of our life... She is presently in Allahabad, at her parental house( she went there June 6th 2012).

     Now the question ::

1. When can I file for a Divorce or Mutual Seperation.?

2. Should I file for Mutual seperation, or Divorce, which is easier to conclude and hassel free?

3. Where should I file for it, in Kolkata or in Allahabad?

4. Should I file or my Wife should file...?? whatever makes the process fast... Its all the same.

5. I am a Graduate, she is Masters..... she used to do job in Delhi MNC.... should she need alimony..?

6. What if she dosent want to go for Divorce (she is whimsical at times, one of the reason for our seperation), then what should I do....?

 

Please kindly answer my questions...... I need real help.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 June 2012

See some good marriage councellor and see if both of you can adjust with each other. If divorce becomes the final decision then, go for mutual consent divorce. Both of you needs to file it. It can be filed at calcutta.

Anjuru Chandra Sekhar (Advocate )     10 June 2012

You can file it either in Kolkata or in Allahabad. You can file it anytime if you both agree for it. Anyone of you can file, but it should be a join affidavit signed by both of you. If she does not want to go for divorce, you can file for contested divorce as applicable in Hindu Marriage Act to your case. Whether she needs maintenance or not is decided by court on merits if she is not working at present court may grant maintenance to her.

Adv. Chandrasekhar (Advocate)     10 June 2012

In addition to what experts above said:

 

1. When can I file for a Divorce or Mutual Seperation.?

contested divorce can be filed one year after marriage, and mutual consent can be filed after one year separation.

 2. Should I file for Mutual seperation, or Divorce, which is easier to conclude and hassel free?

The first one, which is popularly called as Mutual consent is easier one.

3. Where should I file for it, in Kolkata or in Allahabad?

In Kolkata definitely, but if she went to Allahabad for staying permanently then in Allahabad also you can file.

4. Should I file or my Wife should file...?? whatever makes the process fast... Its all the same.

If it is mutual consent, both have to file a single petition.  If it is contested one, the person who wants to take divorce will file it.

5. I am a Graduate, she is Masters..... she used to do job in Delhi MNC.... should she need alimony..?

If she is unemployed at the time of filing the petition, she can claim for the same.

6. What if she dosent want to go for Divorce (she is whimsical at times, one of the reason for our seperation), then what should I do....?

Then follow the advice given by Madam Archana in letter and spirit.  If conciliation is not possible, then you have to file contested divorce case on available grounds, which will take a lot of time and also invite some legal and financial repercussions.

Adv. Chandrasekhar (Advocate)     10 June 2012

In addition to what experts above said:

 

1. When can I file for a Divorce or Mutual Seperation.?

contested divorce can be filed one year after marriage, and mutual consent can be filed after one year separation.

 2. Should I file for Mutual seperation, or Divorce, which is easier to conclude and hassel free?

The first one, which is popularly called as Mutual consent is easier one.

3. Where should I file for it, in Kolkata or in Allahabad?

In Kolkata definitely, but if she went to Allahabad for staying permanently then in Allahabad also you can file.

4. Should I file or my Wife should file...?? whatever makes the process fast... Its all the same.

If it is mutual consent, both have to file a single petition.  If it is contested one, the person who wants to take divorce will file it.

5. I am a Graduate, she is Masters..... she used to do job in Delhi MNC.... should she need alimony..?

If she is unemployed at the time of filing the petition, she can claim for the same.

6. What if she dosent want to go for Divorce (she is whimsical at times, one of the reason for our seperation), then what should I do....?

Then follow the advice given by Madam Archana in letter and spirit.  If conciliation is not possible, then you have to file contested divorce case on available grounds, which will take a lot of time and also invite some legal and financial repercussions.

Alok Tholiya (self employed)     10 June 2012

This is your side of story but she may have other things to say. If she is aggrived party then if u irritate her then she may file criminal proceedings under various options available. So settle amicably of which onus is on you. While in India social fabric is against women but law is strongly ptotecting them. So dont push her to take shelter under law. 

Debjyoti Chatterjee (Propriter)     10 June 2012

Thanks everybody for your expert opinion......!!


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