• Divorce

Hi, I want to file a Divorce petition. I am Gaurav resident of Delhi and married in Delhi but currently working in Indigo airlines at Dehradun airport.
I want to file the divorce .
Pls suggest me how and where I should I move forward and what would be the complications in the same and about almuni compensation also which has to be given
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) if your wife is willing file for divorce by mutual consent

2) if your wife is not wiling you have to fie divorce on any of grounds mentioned in HMA

3)if you file for divorce on grounds of mental cruelty you have to prove the allegations made in divorce petition

4) you can file for divorce in Delhi or in dehradun

5) your wife in her reply can oppose grant of divorce and claim alimony from you

6) she may also file false DV case or dowry harassment case

7) obtain AB in case wife files false dowry harassment case

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1) divorce by mutual consent takes 6 months

2) both have to jointly file petition for divorce by mutual consent

3) it is mentioned in the petition that We have amicably settled all our disputes with regard to dowry articles, maintenance and permanent alimony and stridhan etc. as per the consent terms which is annexed with the petition

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. If there is instances of mental or physical cruelty done to you by your wife you can file suit for dissolution of marriage stating the tortures.

2. If the wife is unemployed she is entitled to maintenance @ 1/3 to 1/5th established income.

3. If she agrees for mutual divorce go for it. it is the most covenant way to dissolve marriage even if extra cost is paid to her towards permanent alimony.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hello Gaurav,

You can file for mutual divorce at a place where you both have stayed together or at the maternal city of your wife or at the city where marriage was solemnized. In the mutual settlement you can decide what compensation/alimony/one time settlement money your wife expects or you want to give and then you can file divorce with mutual consent.

For further queries on the same please free to connect for free consulting.

Best of Luck... stay blessed.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Pls suggest me how and where I should I move forward and what would be the complications in the same and about almuni compensation also which has to be given

You can file a divorce case either at the place of marriage or at the place where you both resided together lastly or the place where the wife is currently residing.

About the alimony, it will depend on the proofs she would prove before court and your denials.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

They want divorce with mutual consent. It was a love marriage in Arya samaj mandir so there was no dowry involved.Wife has left house along with child two days back. She was mentally harrassing my brother. She does not have family.

Pls suggest what should we do in that case and how should process the same.

If you do not want to continue this marital relationship and if she is ready and willing to give mutual consent divorce you both can file a joint petition seeking dissolution of your marriage by a decree of divorce on the grounds of mutual consent.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1. Since your spouse is ready for mutual divorce you may file it where the marriage was solemnized or where you last resided together as a couple. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this can also be shortened by the Supreme Court in exceptional cases.

2. In mutual divorce the spouses themselves decide the amount of alimony. A MOU would have to be executed between you and your spouse to record a settlement on all contentious issues such as division of assets, alimony, etc.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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