Need Help in divorce matter?

If wife is not chaste... yes the court can pass an order for divorce

dear sir,

I am seprately living to my wife since three year, and now we both want mutual divorce. how much time, and what is easy way to get divorce pl advice she is ready to sign the divorce paper under mutual interest. please advice

best regards

amrik dhillon  9310893698

Dear Md. Shadab, First aand foremost the court does not give judgement just on the basis of allegations of any party ..... One has to provide evidence and prove all allegations ...... Suitable reply on behalf of wife would be to deny all allegations of the husband ..... Court will pass orders on the basis of the evidence brought before it only ...... If the husband proves all his alegations .... he will get divorce if not then his petiton is bound to be rejected.

Dear Amrik, Both of you will have to file a joint petition seeking divorce by mutual consent u/s - 13B of the Hindu Marraige Act as Petitioner No. 1 & Petitioner No. 2. State briefly facts of your marriage ...... reasons for staying separate & why you seek divorce with proof of marriage & marriage photograph/certificate and file before the Family Court. This type of divorce normally takes 7-8 months. 

hello,

thr court normally would see that both can be live together, if circumstances are not in a position to live together, then court would certainly grant divorce.

vr

both the parties to marriage filed a petition u/s 13-B of HMA, 1955 and make a statement at the time of filling the petition bofore the court of law.  The court gives 6 months time to reconciliation but on that day one party never come.  Whether the court can award the decree of divorce on the ground of statement made at the time of filling the petition or not? if yes please give me some exact SC or HC sitation on that point of law?

Dear Sir,

I have married my wife in 1995,after that we are living together up to 2005,and we have child 14 years old. I have married while she is not working.  After marriage i have educated her MCA after the 6 years she got the job in MNC company with good salary.  Sinece her brothers are not protecting their parents they encourage her all negative attitudes and given me lot of troubles seperated us 4 years back.  I applied my rights and child custody,but  she doesn't want clike with me and told in lok adadlat.  What is my right .  I don't want give divource because of my daughter's furture. She is asking divource i hope she is trying for re-marriage.  If he apply for divource what I have to do? my daughter's life should not spoil.Pl.advice.

S.Manoharan

hello,

since, i am not the judge, i cann't give the verdict. i am sorry.

vr

Dear Ansari, on the basis of two year sepration, court may give divorce, wife has to contest properly and bing a law student go through section 13 and 13A properly and  u will find the reason for divorce. furhter she can refuse to divorce on the basis of desertion by husband.

Regards

adv.kamal.grover@gmail.com

Yes it is very easy. you both move to the court for mutual consent and prepare a mutual agreement for divorce.

Court will hear you on first date and give you 6 months time to reconsider for divorce and on second date you will got divorce. In case of urgency, court may give divorce within one month also.

Regards

adv.kamal.grover@gmail.com

There is a supreme court latest judgment that in 13b, if one party did not appear then court cannot persume and divorce cannot be granted.

But as per my view you may go under section 13a

Regards

adv.kamal.grover@gmail.com

Defend the case of divorce properly and demand for child custody or findout that man and then file case against him. These all matters will delay the matter around 6 to 10 years and in the meanwhile u can convience her and restrain her to meet any other person.

Good luck

Regards

adv.kamal.grover@gmail.com

All the above answers are related to different quetions asked by different members. Plz ask if u did not understood.