• I want to know the procedure for divorce

Hi, i want to give divorce to my wife but she is not ready to give , i have 2 kids age 16 year old and 10 year old ,i am ready to taking caring for my kids expense but what amount i have to pay my wife . As i am working in Australia so i wanted to know if I'll file divorce it will affect my job? My wife and kids are living in India ?
Asked 8 years ago in Family Law
Religion: Muslim

2 answers received in 30 minutes.

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7 Answers

1.Only if both spouses agree then only marriage can be dissolved in most smooth manner and in a period of six by way of mutual divorce.

2.if one of the two disagrees then filing contested divorce suit remains only option which takes sometime nd if the allegations contained therein is proved then divorce is granted.

3.Suit for divorce has no nexus with your job.

4. Since foreign divorce is not binding in India , more so, if your wife does not participate in it,it is advisable if you file the same in India.

Devajyoti Barman
Advocate, Kolkata
23506 Answers
530 Consultations

You can divorce your wife as per Muslim personal law

2) issue wife arbitration / reconciliation notice to resolve your disputes

3) if wife does not respond divorce her as per Muslim personal law

4) reasons should be mentioned for divorce

5) return her Meher amount

6) pay maintenance during iddat period

Ajay Sethi
Advocate, Mumbai
98464 Answers
8011 Consultations

For valid divorce it has to be preceded by attempts at reconciation

If reconciliation fails then only you should divorce your wife

If you don't follow the procedure wife DNA challenge the divorce given by you by filing petition in family court for declaration that marriage is valid and subsisting

Ajay Sethi
Advocate, Mumbai
98464 Answers
8011 Consultations

Then file mutual divorce petition u/s 13B of HMA in Indian court.

Devajyoti Barman
Advocate, Kolkata
23506 Answers
530 Consultations

You can file a divorce case in India on the grounds of cruelty and incompatibility or irreconcilable difference of opinions.

If she is not agreeing for mutual consent divorce, you may file a contested divorce against her, let she defend or challenge the case on her own through her lawyer.

Your divorce case in no way will affect your employment or job at Australia

T Kalaiselvan
Advocate, Vellore
88661 Answers
2404 Consultations

Please let me know the proper procedures, and can i send notice from abroad?

You can engage the services of a lawyer here in India to serve notice to her seeking divorce on mutual consent or else to face the contested divorce case in court.

If you want to send the notice by yourself, you can send it from Australia too

T Kalaiselvan
Advocate, Vellore
88661 Answers
2404 Consultations

She is not ready to give divorce ,reconciliation i don't want ,so please advise me better way.

If she is not agreeing for mutual consent divorce you may have to file a divorce case on the grounds of cruelty or any other ground that you rely upon.

This contested divorce may take at least 3 years to get disposed.

T Kalaiselvan
Advocate, Vellore
88661 Answers
2404 Consultations

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