I will give divorce to my wife.
4 years ago
Can I give divorce to my wife after one year of separation? My marriage life ran for 7 years. We have two sons, below 5 years of age. What are other grounds that support my divorce petition against my wife, Apart from cruelty? I can settle some money to children and wife. If possible, children can live with me at my home separately.
Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
You have two children below 5 and wants to give divorce . I am not aware your circumstances but as a human I say try to adjust the both for the sake of your children
You have two children below 5 and wants to give divorce . I am not aware your circumstances but as a human I say try to adjust the both for the sake of your children
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ARSHAD ALI ZAIDI ADVOCATE
Responded 4 years ago
A.You divorce by mutual consent.
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A.Hi client,
As you are willing to pay maintenance you can go for a mutual one. It will take around 6 months to 1 year from filing .
And for custody, generally the custody of minor children are given to the mother. But you can always plea for the same. You can get the custody if the judge is pleased and there is a specified reason.
Thank you
As you are willing to pay maintenance you can go for a mutual one. It will take around 6 months to 1 year from filing .
And for custody, generally the custody of minor children are given to the mother. But you can always plea for the same. You can get the custody if the judge is pleased and there is a specified reason.
Thank you
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A.Dear Sir,
You proposal seems to be fine. But if you pay some money to your wife towards alimony then you can go for mutual divorce otherwise you have to fight for years together to get divorce.
You proposal seems to be fine. But if you pay some money to your wife towards alimony then you can go for mutual divorce otherwise you have to fight for years together to get divorce.
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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,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, separation but it will take around 3-5 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
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,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, separation but it will take around 3-5 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
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Anand S. Pandey
Responded 4 years ago
A.Dear Client,
If the both the parties are ready for divorce, you should opt for divorce by mutual consent. Wherein it usually takes 6 months to 1 year for the entire proceeding to conclude. However, a cooling period of 6 months can also be relaxed in case of urgency been shown. Also, before filing the Divorce petition, the terms of divorce needs to decided wherein the custody of children, maintenance(lumpsum or monthly), etc can be decided.
Further, facts and circumstances need to be known in detail in order to opine you whether and how other grounds of divorce are attracted.
You may approach me with the help of the administrator. Hit the helpful button, if my post was helpful to you.
If the both the parties are ready for divorce, you should opt for divorce by mutual consent. Wherein it usually takes 6 months to 1 year for the entire proceeding to conclude. However, a cooling period of 6 months can also be relaxed in case of urgency been shown. Also, before filing the Divorce petition, the terms of divorce needs to decided wherein the custody of children, maintenance(lumpsum or monthly), etc can be decided.
Further, facts and circumstances need to be known in detail in order to opine you whether and how other grounds of divorce are attracted.
You may approach me with the help of the administrator. Hit the helpful button, if my post was helpful to you.
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Hemanth Hari
Responded 4 years ago
A.You can file for divorce showing somw valid grounds which your lawyer can make it easily during drafting. You might have to give maintenance to your wife, if you are willing then it wont take long to get divorce.
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A.Hi Client
Need to know whether your reason to file divorce is legal or not.
Need to know whether your reason to file divorce is legal or not.
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Shreyash Mohta
Responded 4 years ago
A.There are a variety of grounds if you want to contest. However, looking by your query wherein you are ready to pay compensations, alimony and maintenance, I would prefer you both go for mutual divorce as it will be better for the kids also.
If not there are many other grounds such as torture, adultry, physical assault, desertion, impotency, etc which can be used in your favor.
If you want the children to stay with you and there is a conflict. You can file a child custody case.
If not there are many other grounds such as torture, adultry, physical assault, desertion, impotency, etc which can be used in your favor.
If you want the children to stay with you and there is a conflict. You can file a child custody case.
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