• Divorce

Hi all,
Im settled in Kalyan, Thane. I want to apply for divorce to my wife, who is 1st cousin to me, my moms brothers daughter. I got married at my native in tamilnadu. And i think we signed for our marriage in gram panchayat not in registrars office. Im working as a seaman in usa. We stay separate for almost an year. 
Your suggestions plz.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1) marriage between first cousins fall within prohibited degree of relationship

2) unless there is custom in your community marriage would be nullify

3) if there is custom in your community marriage would be valid

4) divorce should be filed wherein marriage was solemnised or where parties stayed together after marriage or where wife is residing

5) in your case you can file for divorce on Kalyan as you are residing in Kalyan

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Wife has no share in husband property

2)she can file DV case against you and seek right to stay in her matrimonial home

3) she can also clam interim maintenance pending hearing and final disposal of divorce case

4) she would be entitled to alimony

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

1) if wife refuses divorce by mutual consent file for contested divorce on grounds of mental cruelty

2) contested divorce cases take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

No fault divorce is not granted as per Hindu marriage act or SMA. You may have to petition for divorce on grounds of cruelty,adultery,desertion etc.

2. In case divorce is contested by wife ,it may take 5/7 yrs for getting a decree on merit.

3. Your wife may claim alimony or maintenance if she is not earning.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1. As per Indian Law, one can not divorce his/her wife/husband as per his/her whim and fancy.

2. For seeking the decree of divorce, one shall have to show the ground with evidence in support of his allegation and one such ground is cruelty.

3. So, if you want to divorce your wife, file a divorce suit on the ground of cruelty or any other ground acceptable by Indian Law duly submitting evidence in support of your allegation.

4. Engage a local lawyer having expertise in this field to draft your divorce suit.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Wife is not entitled to any share of her husband's properties during his lifetime.

2. Wife can claim maintenance or compensation/alimony.

3. It will be prudent on your part to negotiate with your wife to jointly file a mutual consent divorce petition after settling terms for signing such petition, which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If she contests your divorce petition you shall have to pursue your case fittingly with all the evidence you have in support of your allegation against your wife for which you have sought divorce decree against her.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Your marriage is void as both of you are related to each other through sapinda. So you may file a petition for mutual consent divorce to separate amicably. If she does not agree to mutual divorce then you may file a petition for declaration of marriage as void under Hindu Marriage Act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since the marriage is void she does not have the right to claim maintenance, much less a share in the property, from you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you feel that you cannot continue with this married life anymore for the reasons you rely upon, you may file a petition for divorce on the grounds of mental cruelty.

This divorce case can be filed from the place where the marriage was solemnised or at the place where you both last resided together or where she resides currently.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Do you think my wife have a chance to claim for property or any kind of settlement, even though her parents didn't spend single money for the marriage, not even on her personal things.

She cannot claim a share in your properties as a right but is she is not employed she may claim maintenance and the court may find her eligible for that based on the proofs she may submit before court in this regard.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

What are the chances if she refuse to take divorce. What should be my next step and how long it can take to finish case.

If she is not willing for mutual consent divorce, you may have to file a contested divorce alone.

The case may run for at least two to three years to get disposed.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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