Legal Advise For Divorce

Divorce is governed by the same statute under which the marriage has been solemnized or registered or both. In most cases it can be filed contested if parties to the marriage do not agree to file a mutual agreed divorce petition. In case of irreparable breakdown of the marriage the SC has held that the cooling of period of 6 months after filing of the divorce petition can be waived off. But the district courts seldom follows this course. Hence the minimum period of divorce is 6 month which ordinarily goes to 1 year in case of divorce by mutual consent. Now if it is a contested divorce it is advisable that the spouse seek a order of judicial separation extending upto one year and thereafter file a divorce suit because then there is nothing left to be proved. But there is no embargo on filing a divorce suit if one year has passed after the marriage. ( under hindu law) Coming to compensation to husband there is nothing in law which precludes the economically weaker spouse to claim maintenance from the more well off. SC has held that in befitting circumstances the husband can claim maintenance from the wife. Bute the provision of remarriage and adulatory will be equally applicable in such cases as well.

Mrs. Priya It is advisable take aid of private marriage counselor expert's aid, who will try to settle mutual differences between you and your husband amicably, if it fails then you can file proper divorce petition in family court of your district. As far as maintenance is concerned, generally the same is claimed by wife, but in exceptional cases the same can be claimed by husband also. For more information kindly contact and consult me.

Hi, Before divorce you can opt for judicial separation. The concept of compensation depends upon the circumstances of specific cases which may vary from case to case. If the husband does not agree for divorce on mutual consent, there are other grounds on which divorce can be filed for under Hindu Marriage Act.

Divorce Petition has got to be filed under the specific grounds and contested, if Parties does not agree for mutual one. Compensation depends on facts and circumstances of the case. Mutual consent has got to be taken and agreed upon between both the parties. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

You may file a suit for judicial separation, in order to avoid the aforesaid lengthy litigation try settling matter on mutual basis, if husband denies for divorce you may also proceed with Domestic Violence / Dowery (strong criminal charges) if any of it has taken place. For more information consult for free.