Mutual Understanding for Divorce
4 years ago
We married four year ago i have 3 year old child but now we dont have mutual understanding i want seperat from her but she dont want it. What is the best way to resolve this issue
Shreyash Mohta
Responded 4 years ago
A.You can either file a MCD and get a mutual divorce u/s 13B of the HMA
or else,
You can file for a contested divorce which shall take a lot of time.
In all cases you must know that the other party can and will file the following cases against you.
1. 498A
2. Domestic Violence
3. 125CrPC
or else,
You can file for a contested divorce which shall take a lot of time.
In all cases you must know that the other party can and will file the following cases against you.
1. 498A
2. Domestic Violence
3. 125CrPC
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Suneel Moudgil
Responded 4 years ago
A.if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
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A.Dear Sir,
You may file a case in Family Court seeking divorce and there are chances getting divorce if you have strong grounds of desertion or cruelty.
You may file a case in Family Court seeking divorce and there are chances getting divorce if you have strong grounds of desertion or cruelty.
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