Divorce Divorce

4 months ago

if i apply for divorce, i don't want any fund from my husband, though if my husband refuse to give divorce in that situation how many months it will take to get divorce

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Madam,
There is no time frame for disposal of any case and if your husband did not appear then it may take twelve months to allow your divorce petition.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a divorce petition. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition seeking a decree of divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a divorce petition. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition in the Court seeking a decree of divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
Based on any of these grounds, a petition for divorced can be filed in court. Once the divorce proceedings begin, the three most contested areas are maintenance, property, and child custody. If you're seeking a divorce and your husband refuses, the duration of the process can vary based on your jurisdiction and specific circumstances. Legal proceedings for contested divorces typically take several months to years. Remember to prioritize open communication and consider alternative dispute resolution methods to potentially streamline the process. However, The divorce will happen considering all the legal grounds of Indian Divorce Act, 1869.
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