• Chances of getting Divorce from my wife if she lost the Section 9

Dear Sirs,
 I got married 3 years back.. In this 3 years, we were together hardly for 6-7 months. She left my home 2 years back and we never had any talk/communication in past 2 years. She had field the Section 9 and Section 24 (for maintenance charge) in local session court and she have lost both of it. Now I am thinking to file a Divorce. 
1. What is the probability of getting divorce if she not agrees (and she is denying to give Divorce from beginning ),
2. What can be the consequences if I first file the Divorce in same court ?
3. Whats grounds should I make before filing divorce ?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1. In contested divorce suit if the allegations are proved then the court can grant decree of divorce on the ground of cruelty which can be both metal or physical.

2. Filing for dissolution of marriage is a legal rights and there is no negative consequences in it for the party who first files the same.

3.Take ground of mental cruelty.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) you have to file for divorce on any of the grounds mentioned in HMA

2) you have to prove allegations made in divorce petition

3) contested divorce cases take 5 years to be disposed of

4)you have to make out a case for grant of divorce

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. You can file a contested divorce on the grounds of mental cruelty and may include the current RCR case as evidence for her cruelties in your pleadings besides desertion and other grounds.

2. What consequences do you anticipate?, nothing, you may proceed as per your proposal.

Let she contest the same, you can challenge her defence too.

3. Mental cruelty and desertion.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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