A divorce is the termination of a marriage by legal action, requiring a petition for divorce by one party. There are two types of divorce– fault and no-fault. A fault divorce, is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the filing party that the other spouse committed one or more acts defined by state statute as grounds for a divorce.
Both spouses can file a petition for divorce by mutual consent if the Hindu Marriage Act or Divorce Act is applicable for them based on their religion and registration of their marriage under the relevant law.
A new law for providing divorce under ‘no fault ‘ ground is approved and may be in force within a few months.
The most common issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the State in which he/she is and has been a resident or where the marriage was solemnised. Residency requirements vary by State. Under the above laws, the legal process of the divorce procedures includes a waiting period, to allow for a chance of reconciliation though an application for exemption from the waiting period can possibly be filed.
The complexities of issues involved, such as property division and taxes, may make it advisable for both parties to have expert legal and financial advice. Attorneys who practice in this area assist clients with issues of divorce, dissolution, or legal separation. They also typically handle related matters involving prenuptial agreements, spousal restraining orders and issues of child custody and support.
My sister is filing for a divorce from her spouse for physical and verbal abuse and mental torture. Does she have to file for an FIR against him get her share of property as he has so far refused to do it by mutual consent.
Please advice.
Thanks
LN
I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.
Please advice
Thanks
My wife has left me ever since my only son is born and staying with her parents in Bangalore. The only reason to ditch me as I have came back to my home town Hyderabad from Bangalore after the birth of my child(son). Now we are separated for 2 years and 3 months. In between she has visited me twice. First time for 2 months and second time for one and half month.
Her parents and most notably her three brothers are behaving like rowdys with me. They are verbally abusing me and are saying that give divorce or come back to Bangalore. They are blackmailing me by keeping my son with them.
How to solve this problem. Initially I’am not prepared for divorce. But since the issue is being dragged for more than two years now, I feel like getting separated from them. But at any cost, I cannot loose my son. Please suggest me.
-Madan
How can I apply for divorce ? Basic problem is wife is adment & issueless, and in future also there are no chances of preganancy because her one ovary was removed & one phelopiantube was also reattached by tuboplasty surgery & she is not allow me to take care of my parents. My mother is cancer patient from last 3years kindly suggest solution
Need an Divorce from my Wife for non co-operation in Family, Mental Agony from the day of our Marriage. Have a kid from 2.4 yrs. Require advice to part ways without providing Alimony to her
Hello,How can I apply for divorce ? Basic problem is wife is adment & issueless, and in future also there are no chances of preganancy because her DNA report says that.And she cant do such little home jobs & also not intersted in sexual life.Iwould like to take divorce as soon as possible.
my wife went to her parents house without telling me and her parents are not letting her come back to me .they are saying that their daughter feels tourted when told to rectify her mistakes by me and my mother.they are not talking to me and defaming me with false allegations to my mother.i want my wife back and stoppage of her parents interference in our lifes which is spoiling our marriage.please advise
mY WIFE WITH MY 4 YR SON WENT TO HER PARENTS HOUSE WITHOUT TELLING ME AND HER PARENTS ARE NOT LETTING HER COME BACK TO ME AND THEY R SAYING THAT THEIR DAUGHTER FEELS TORTURED WHEN TOLD TO RECTIFY HER MISTAKES BY ME AND MY FAMILY. SHE HAS GONE EARLIER ALSO ,ONCE FOR 1.5 YRS AND RECENTLY FOR 2 MONTHS.SHE COMES BACK SAYING NO INTERFERENCES FROM MY FAMILY END. BASIC PROBLEM IS SHE IS VERY ADMANT AND ISSUELESS AND FOLLOWING ONLY WHAT HER PARENTS SAY.STOPS ME FROM MEETING MY SON ALSO.NOW I WANT GO FOR DIVORCE WITHOUT GIVING ALIMONY.OUR MARRIAGE IS 6.5 YRS OLD AND WANT TO KNOW HOW TO AVOID DOWRY HARRASMENT CASE AGAINST ME AND MY PARENTS AND SISTER.PLZ HELP VERY TROUBLED.
hi, got married in june 2010, my wife & parents had comaptibility issues since beginning,i moved out of my home to sort out issues.again issue cropped up due to her mom(dad no more) both families decided that we have to stay away from each other for few month’s , which will make us more closer. it did happen however now when we planning to start life again, she says i should not speak with my parents, my parents should not come to see us for any reason, even if they die i should not go & meet them , if i agree to all this , then only we can stay together, if not divorce, she wants me to leave my parents completely, whn asked her abt leaving her mom, she say no, i’ll have to treat her mom as mine & take care of her..please help me , dont know wat to do, i luv my wife a lot even she does it, however she is adamant on me leaving my parents, which i cant, help me
Hi,
Its been just 1.5 yrs to my marriage, I love my husband a lot. But there are differences with my mother in law. She hates me from the begining. I think my husband loves me but at the same time he loves his mom and his brother more than me. He always say that first his mom comes, then his brother and then I come in his life. His mother always remain angry with me. She always scolds me on not making good chapatis. She doesn’t want me to live happy with my husband. My husband says ignore her words. He says don’t bring negative things in our relationship. I am trying to do that only. I cant live with my mother in law and my husband will not leave her. Yesterday I saw a number in his phone he had called to a lawyer. I called him yesterday and he didnt pick up my call. He said I was sleeping that time but when I checked his phone details before my call he talked to a lawyer and just 2 minutes after my call he was talking to someone else. I will not give him divorce. Please suggest me what to do.
Pay Rs.1,000/- for consultation.
My wife is not co-operating with me and left my home as I am sick for about a year and come to my native place for a few weeks or month till i get well from my illness , She is not adjusting, and want to go to her home till i get well from my illness also she want me to do what she want. she not even talk and adjust with my parents, she is not respecting me and not giving me importance. I don’t have any problem as she frequently visit her maternal home & is looking after her family but at the same time she should be in touch with my family also which she is not doing at all from the day of my marriage And She always make false complaints to her parents about me and my parents over phone & when she visit her home . She is living with me where i am working and my parents are in home town she dont want to come and refuge to come with me to my home town even for a few days during holidays this is not happening from day we married. Now she left my home and want divorce saying that she will charge me with dowry and domestic violence against me and my parents from me but I want to be with her for the whole of my life So, Pls advice me what i do now.
Please advice
Thanks
Kindly suggest to apply for divorce.. the problem is my wife is adamant and immature, her parents are supporting her for all her baseless and false allegations on my parents they say that their daughter feels tourted when told to rectify her mistakes by me or my parents. Its been just 1 year 2 months we got married and currently she is suffering from some stomach ailment called pancreatitis and according to doctors this issue will be for entire life and she cant do such little home jobs also. Kindly suggest me what to do.
How to get a divorce? Mental Agony from the day of our Marriage. Have a kid from 4yrs.She has left me before 3years with my only daughter. Now she is with her mother and brother, and iam living with my parents, so we are living separately for past 3years. so i need an divorce, Require advice to part ways without providing Alimony to her
I want to give divorce to my wife as she is not co-operating with me, not adjusting, she want me to do what she want. she not even talk to my family members, she is not respecting me and not giving me importance. I don’t have any problem as she is looking after her family but at the same time she should be in touch with my family also. but this is not happening from day we married. So, Pls advice me how do i get divorce from her without giving her alimony.
I hav been married since 1995.no kid till time.wife is non cooperative & misbehaves badly with my wel wishers including my family.i some how managed with hope that thing will be alright.she also made drama in public place also.& threts me.we have no physical relation since last 8 years.
i want to divorce her with some alimony.
kindly suggest as i want a peacefull divoce.