Pavan (Consultant) 12 October 2016

Need suggestion on getting divorce decree

Hi Experts,

I need suggestion in going through my divorce. (1) I got married in Dec'2010 and separated in Jan'2012. (2) I filed Restitution of conjugal rights in Aug'2012 and withdrawn in Aug'2013 (3) Again filed divorce in Aug'2014 and it is in process now. (4) respondent filed DVC in Sep'2016. from 2012 to till divorce filed 2014, I tried for reconciliation several times but respondent didn't agree to mingle. Now in court they are stating that they want to mingle again so asking judge to cancel the divorce. I have 2 daughters too. They are staying with mom only. Now my question is, if this goes this way, (1)how long it will take for me to get divorce decree? (2) if i apply for my kids custody, whether I will get? (3)whether they are eligible to get maintenance now? (4)What is the better way for me to proceed so that I can get divorce as soon as possible?

Please suggest.

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Sachin (N.A) 12 October 2016

Originally posted by : Pavan

Hi Experts,

(1)how long it will take for me to get divorce decree?

No one can predict it takes usually 5-8 years, in trial court to decide a divorce case and it will be your responsibility to prove your allegations and it is very difficult to prove.

(2) if i apply for my kids custody, whether I will get?

You can file the case of custody but it is very difficult to win custody case for a men, but court will surely allow you to meet your children

(3)whether they are eligible to get maintenance now?

Before proceeding in divorce case court will order you to pay maintenance.

(4)What is the better way for me to proceed so that I can get divorce as soon as possible?

Mutual consent divorce is the fastest way.

sai narayana 12 October 2016

What Sachin said is apt.

A walk alone (-) 12 October 2016

If she want to mingle again then better you should try once again reconcile for future of your children. You both can remarry after divorce only children will suffer life long. Only because of your both fighting children life will ruin. Anyway its your personal matter. Answers of your query 1) contested divorce take long time . And its difficult if you have children because court also try to reconcile for children future . 2) you can file custody case if your children age are more then 5 years. Till 5 years age you can only get right to meet them.3) you have to pay maintenance to both children as well as your wife (if she is not working).4) fastest way of divorce MCD.