Divorce filing by Husband
3 years ago
Wife not agreeing for mutual consent divorce. We've been living separate for 9 months now and were married in 2018. What should I do and what challenges can I face? What would be the fastest time of resolution?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.if you want divorce only then file for RCR or judicial separation and then divorce.
be prepared for 498A and DV cases in response.
be prepared for 498A and DV cases in response.
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Tanmoy Chattopadhyay
Responded 3 years ago
A.Divorce can be filed on many grounds depending on the provision under which the marriage was solemnized at the first place but be informed that the provisions are by and large similar for most statues including Hindu Marriage Act 1955 and Special Marriage Act 1954 and you can check with your lawyer after telling everything that led to the separation and subsequently to the question of divorce.
It is also the law that when a petition for divorce is filed the court is at liberty to order a judicial separation and if the same continues for a period of 1 year with no cohabitation possible within this period then the courts will be inclined to grant divorce.
The main challenge in any divorce petition is to prove that the wife (or spouse) has left matrimonial house without a fault on your part in which case you will not be eligible to take advantage of your own fault and a contested divorce will be heavily tilted in favour of your spouse.
Like my learned seniors already suggested that the fastest resolution in the absence of the mutual agreement of divorce is to take the judicial separation for 1 year and thereafter file a divorce petition on the ground that there was no cohabitation during the separation.
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It is also the law that when a petition for divorce is filed the court is at liberty to order a judicial separation and if the same continues for a period of 1 year with no cohabitation possible within this period then the courts will be inclined to grant divorce.
The main challenge in any divorce petition is to prove that the wife (or spouse) has left matrimonial house without a fault on your part in which case you will not be eligible to take advantage of your own fault and a contested divorce will be heavily tilted in favour of your spouse.
Like my learned seniors already suggested that the fastest resolution in the absence of the mutual agreement of divorce is to take the judicial separation for 1 year and thereafter file a divorce petition on the ground that there was no cohabitation during the separation.
#Divorce
#freeLegalAdviceOnDivorce
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A.Hi,
You have to first obtain a decree of judicial separation, and then 1 year from the date of decree of judicial separation, file for divorce. This is the fastest way of resolution.
If you like my answer, please rate me.
You have to first obtain a decree of judicial separation, and then 1 year from the date of decree of judicial separation, file for divorce. This is the fastest way of resolution.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
First file for a decree of judicial separation, thereafter when 1 year has elapsed from the date of decree if judicial separation file for divorce petition. This is the fastest time for resolution, in case where wife isn't agreeing for mutual divorce.
If you like my answer, please rate me.
First file for a decree of judicial separation, thereafter when 1 year has elapsed from the date of decree if judicial separation file for divorce petition. This is the fastest time for resolution, in case where wife isn't agreeing for mutual divorce.
If you like my answer, please rate me.
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