Your uncle must file a divorce petition in family Court
Hello sir, My uncles marriage were held in 2012 and since 6 years my uncle and his spouse are staying seperate. His spouse was harrassing and she is not ready to give divorce. Is there any way to get divorce as she is not ready to give divorce ??I need your help with this . please let me know as soon as possible..
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But she is not ready to give divorce..so is it okey to file a petition in family court?? Please give me detail answer
From where do you think you'll get divorce if you don't file a divorce petition in family Court? Do you think you get divorce from PMO?? Try it then... Good luck
Your uncle can file for divorce on grounds of mental cruelty and desertion
2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion
Your uncle may get issued a legal notice for restitution of conjugal rights that is to say for inviting her to your conjugal house. If she will not come then, he initiate proceedings for divorce on ground of creulty.
your uncle can file section 9 RCR if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit within one year from the date of awarding of the said decree then he can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree.
Hi,if she is not willing to give consent ,he can file contested divorce petition on the grounds of desertion
Yes he can file divorce on the ground of desertion under the hindu marriage act
Yes. If she is not ready then uncle can file a contested petition.
you may get in touch for further advice
your uncle is advised to file a contested divorce on the grounds of mental cruelty, desertion, but it will take around 3-5 years for its disposal,
also once he files the contested divorce she (your aunty) will surely file/claim;
498a complaint
Domestic Violence case
maintenance case,
so tell your uncle to be ready for them too,
Uncle can file divorce on the ground of wilful desertion by spouse for continuous 2 years. She may contest but court will grant divorce on merit.
A contested divorce on ground of cruelty and/or desertion can be filed by the uncle before the court.
Yes uncle can file a contested divorce before the court. See in the contested divorce uncle has to plead that wife has left and inspite or tries she did not return therefore he is seeking divorce.
Hi
He can tile divorce case before the family court on the ground of Desertion (he needs to prove the same)
Against which she may file various cases viz., dowry harassment, domestic violence etc.
For detailed answer, detailed query is required. However I will give u unconventional advice. Some matters are not fought in court, they are fought in mind and strategy. Keep your mind positive and see outside just issues. Females try to herass men and you have to harass her to the core. If you Talkare on talking terms then talk and communicate with her. Try to make records of positive conversation from your side. Make record that you are positive but she is negative. Stretagise to portray yourself as a depressed and harassed man but keep pressure on her. Then try to resolve by mutual consent. Otherwise go for divorce. Get it prepared by a good lawyer. Bad drafting will kill ur case before it is presented in court.
Good luck
GMGupta Advocate
If she is not giving consent for mutual consent divorce he may file a contested divorce on the grounds of mental cruelty.
He need not beg her for divorce if she is not willing to give mutual consent divorce.
He can file a contested divorce on the grounds of desertion and cruelty.