Wife not ready for mutual divorce
3 years ago
I am a Hindu. I want divorce from my wife , We have been married for 6 years and have a 5 year old son.
She is with me just for financial security and my parents property, else there is nothing between us no love no attachment.
But she is not ready for divorce.
Can I have any scope of getting a divorce and my son's custody as he is very much attached to me.
A.Yes. You have lots of scope of getting divorce and also your son's custody as he is very much attached to you. You may go for contested divorce as your wife is not ready for mutual divorce. You can win the case if the lawyer has good skills.
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.If your wife not willing for divorce then cannot apply for mutual. You have to file a seperate suit for divorce, for that you need a valid reason or ground for Divorce.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
We recommend that you try marital counselling before finalizing any plans for divorce. If this does not work, you can file for contested divorce under Section 13 of the Hindu Marriage Act. You will have to state that the marital relationship has irreparably broken down, and this is the reason for divorce. Keep in mind, however, that you will be liable to pay maintenance to her. You can obtain custody of your son if you can establish that him staying with his mother will be harmful to his growth.
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We recommend that you try marital counselling before finalizing any plans for divorce. If this does not work, you can file for contested divorce under Section 13 of the Hindu Marriage Act. You will have to state that the marital relationship has irreparably broken down, and this is the reason for divorce. Keep in mind, however, that you will be liable to pay maintenance to her. You can obtain custody of your son if you can establish that him staying with his mother will be harmful to his growth.
If you found this helpful, please rate us.
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A.Hi,
You can file for a contested divorce under Section 13 of the Hindu Marriage Act on the grounds of irreparable breakdown of the marital relationship. You can obtain custody of your son if you can establish that staying with his mother will be detrimental to his development.
If you found this helpful, please rate us.
You can file for a contested divorce under Section 13 of the Hindu Marriage Act on the grounds of irreparable breakdown of the marital relationship. You can obtain custody of your son if you can establish that staying with his mother will be detrimental to his development.
If you found this helpful, please rate us.
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