• Divorce

sir, i am 57 yrs female residing in mumbai, married since last 35 years nd with two children settled abroad. i am financially dependent and in not a good financial position. me and my husband stay in n ownership flat which is in his name. he is since last two years having extra marital affair. he too is financially dependent on children. i am not worried about the share i get or not from the flat. right now i just want to know d legal procedure i have to go through for d divorce from him. how much time this procedure will take and how much cost will i have to bear.
thanking you.
Asked 2 years ago in Family Law from mumbai, Maharashtra
Religion: Hindu
is your husband also interested in divorce,if not then contesting a divorce is a long battle which involves time and money.It is always advised that if a couple can not live together they should go for mutual divorce under 13b of Hindu Marriage Act which is completed in 6 months provided the parties are living separately for the last one year.And in this mutual divorce you can MOU with husband about the alimony and custody of child's. .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Mam i have already replied,what more you want to know
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Do not worry about any cheating ,advocates do not cheat any body ,hire a advocate of your choice in mumbai and file a petition under 13(B)(1) under HMA for first motion and second motion after 6 months.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
for filing mutual divorce you do not need to give legal notice,both of you have to simply agree for mutual divorce and chalk out terms for MOU and prepare and file petition jointly and appear in family court of your jurisdiction.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hi Madam, If your husband agrees, simple and less time consuming way is to file for mutual consent divorce. Notice is not required in this. Within one year you might get divorce. If he doesn't agree then file a one sided divorce petition on the ground of adultery. Trust some lawyer and take their help.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
you have to decide consent terms .in mutual consultation with your husband . the issue as to flat owned by your husband , maintenance if any to be paid to you , your streedhan ,will form part of consent terms  if your husband is agreeable for divorce by mutual consent it wont take you more than 7 months to get divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
If your husband is willing to mutually end the marriage then you may file for joint divorce on the basis of mutual consent. The terms and conditions of mutual divorce will be decided through agreement between you and your husband.

If he does not agree to mutual divorce then you may apply for divorce unilaterally on the ground of adultery on the basis of any proof of his extra marital affair which you have in your possession.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Legal notice is not required to precede the filing of divorce in the court. You may apply for divorce without issuing any legal notice to your husband.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
If you and your husband apply for joint divorce on the basis of mutual consent then the process is likely to be completed within 6-8 months.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Already replied by me learned friends, needs no further comment.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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