• How to file divorce on my own

Good Evening Adv. 

My name is Deepika. I have been married for 3.5 years. I have a 2.5 year of son. I am looking to file for a divorce. Can you please advice how do i go about it?

Regards
Deepika
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Yes.

A petition of divorce has to be filed on the grounds as mentioned in the section 13 of the Hindu Marriage Act. Refer to the following link:

https://indiankanoon.org/doc/1284729/

The same has to be filed with proper stamp.

As and when you will file the same, the same will be presented before the court and the court will issue notice to your husband.

The husband will file reply and then the examination and cross examination will take place.

You may appear yourself before the court or may engage some lawyer.

Also you may engage a lawyer for drafting your case and thereafter you may yourself appear and argue before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your husband also wants divorce then file mutual consent divorce.

If your husband is not ready for divorce then you have to file for contested divorce under grounds mentioned in sec 13 of hindu marriage act.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) You can apply for Mutual Consent Divorce by visiting at family court and there family counselor is setting to each court. That person will guide you regarding whole divorce procedure.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Will be better if you find an advocate to prepare and file your petition correctly so as to complete your purpose.

The basic requirement is you must have completed 6 month of separate living before filing the divorce petition you can file maintenance under section 125 CRPC for self and for the child you need not to find any custody now as your child is below 5 years

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

Greetings of the day

Find any good matrimonial lawyer near you and go and file it in your jurisdiction area of court

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

in matrimonial cases you need no lawyer to represent your case. Go through section 13 of Hindu marriage act and the grounds given for divorce on it. See whichever is suitable for your case based on that file a petition before jurisdiction family court seeking for divorce. Since you have child seek for maintenance under section 125 Crpc. It's always advisable to have a lawyer engaged so that if any legal hassles arise they can guide you properly.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client.. u can file Divorce.. but u should have solid reasons for taking Divorce.. and gather all required evidence.. then meet a lawyer for filing Divorce petition.

For more details please call me through kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

1. Divorce unless mutually agreed can not be filed by a willing spouse at his fancy and whims.

2. The grounds for divorce is clearly spelt out in section 13 of the Hindu Marriage Act and the most quoted provision for this cruelty ground which can be both physical and mental

3. SO if there are instances of cruelty perpetrated by your husband and in laws you can proceed to file such suit in your local court with the aid of a skilled advocate.

4. Since there is a child born out of this wedlock it is highly recommended that you give one final try to this marriage

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to engage local lawyer to file for divorce

2) you have to prove allegations made in divorce petition

3) seek custody of your child

4) seek interim maintenance and alimony from husband

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

See if your husband is ready you both can opt for the mutual divorce, its easy and fast.

Further if not then you to file a contested divorce under section 13 hindu marriage act on ground of the cruelty. That the husband has caused immense cruelty to you physical and mental,

you have to make an petition before the family court under section 13 Hindu marriage act praying for the Divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Madam,

Why do you want to move for divorce.

You will have to inform in detail..

Last resort to any marriage is not divorce.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

You need to see a local lawyer specialising in matrimonial matters.

You have the option to choose between mutual consent divorce and contested divorce.

If your husband is also ready for divorce on terms agreeable to you, mutual consent divorce is the best available option for you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear,

You did not mention what problems you are facing after marriage.

If you want divorce than mental. physical, financial cruelty, dv is main ground.

Appoint any local lawyer, who prepares petition for you.

Than some false and true allegations on husband and family.

Court will grant you divorce after hearing both parties.

It will take more than 2 years

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

There has be to specific ground to apply for divorce.

Whats your ground ? Depends whether it`s valid ground for diovrce or not.

Application for dissolution will file in family court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can very well file a divorce case on your own, conduct the case as a party in person.

For filing procedure yo can take the assistance of an advocate from outside because various procedural formalities are required to be complied in it.

The list is exhaustive hence better take the assistance of an advocate.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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