Mutual Understanding for Divorce 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
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

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
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPlease provide legal advice on below
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 cruelt...
question iconDivorce case
Dear Client, As per Order 5, Rule 20(1) of the Civil Procedure Code (CPC), where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of...
question iconDivorce - husband is filing a petition of divorce
Dear client, you can take up this issue further by filing a complaint on your in-laws for mental harassement and torture. He can get divorce on the said ground if there no proper justification on your...
question iconDivorce - my wife has been living separately
Dear client, if you want to be with your wife you can file a petition for restitution of conjugal rights or for judicial seperation if you want to live seperately as wife and husband. If you want divo...
question iconHusband being mentally physically and emotionally harassed
Dear client, the husband has to file a complaint under sec 506 of ipc for criminal intimidation and harassing. He can also file a divorce under sec 13 of hindu marriage act on grounds of harassement a...