My wife filed 498A, Domestic violence & Crpc 125 cases against me in 2017. It has been 3 years and there have been no movement in the cases. 15k interim maintenance order was passed in march 2019 since then have been paying monthly maintenance. I live in Gujarat & wife is from Rajasthan so it is inter state matter. 3 years child is with wife. A. Can i file a divorce case at my end based on cruelty? B. Any other options to get divorce soon ? C. Can i do a live in agreement & start to live with other girl i plan to marry after divorce ?
You 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 and is ground for divorce
3) contested divorce proceedings take 5 years to be disposed of
4) don’t have a live in relationship as your wife may file DV case against you
A) Yes if you have married at the same place or resided after marriage there.
B) Mutual consent divorce is only option for quick remedy
C) you can live in but it will go against you in your divorce petition if wife knows it
1. Yes, you can file the divorce in gujarat , however, the same may be transferred to rajasthan upon the request of the wife,
2. Mutual divorce is the best option if she agreed,
Contested will take years
3. You can start live-in relationsip, it's not illegal.
If she have resided with you at your place, you can file divorce from there. Contested divorce takes times. No short cut except mutual consent divorce.
Live in is legal, no issues. Neither any agreement require.
1. Yo can very well file a divorce case on the grounds of cruelty and can cite the pending cases as grounds and reasons for cruelty.
2. There is no such process to get an easy or quick divorce other than the mutual consent divorce.
3. Yes, you can go ahead, it is not an illegal act.
A) You can file divorce case on cruelty.
B) Along with above you can also take plea of desertion.
C) Since you are already facing multiple cases filed by your wife, it will give her scope to file an application for having relationship during pendency of your marriage.
Wait till your divorce case is disposed.
1. See if there are evidence of her cruelty you can file divorce before the family court on ground of the cruelty.
2. See only option to get fast divorce is mutual consent divorce and for same you can settle with your wife.
3. Yes you can stay in a live relationship same is not illegal and barred.
Yes of course you can file divorce petition based on your previous experiences as you are paying the maintenance for the child and wife the divorce petition can be filed in the family court of your home district there is no circuit available to get divorce you have to contest the divorce case in the family court as this is interested case so in case the case is getting transferred the party will have to approach supreme court in this regard to have the order of transfer so it will be good for you to file a divorce case in your home district however your wife can pray to the court that the conveyance allowance need to be paid for travelling back to your home city to attending the case
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Yes, you can file divorce on grounds of mental creulty.
mutual divorce is the best option. This makes divorce less stressful by saving time, effort and money.
It's not illegal.
- Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- Further , if wife files complaints and cases without any justifiable reasons against husband and his family members, then it amounts to cruelty.
A. Yes, you can file divorce case against her on the ground of Cruelty and other grounds from Gujrat as well.
B. If , wife agree for mutual divorce , then only you can get divorce soon .
- Otherwise, on your filing of the divorce case , if she not appears before the court , then you can get ex-parte divorce within short period of time.
C. Yes, Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- But you cannot do second marriage without getting divorce from your first wife.
1. Yes you can file divorce case on ground of cruelty and dissertion.
2. Only mutual consent divorce is the option available for quick divorce.
3. Yes but agreement will not save you from case of bigamy because a long term live in relationship is equivalent to marriage.
Dear Sir,
It is better to file divorce on the ground of cruelty.
There is no bar in having an illicit relationship with another woman who is not married or with her husband's permission.
But the person's wife can seek divorce and claim maintenance.
Other woman who is pregnant can also claim maintenance for herself and baby.
In India law takes too long and there is no option but to use short cuts.
1. You are free to file for divorce but your wife can get it transferred to her place through the Supreme Court.
2. Filing divorce petition is the only remedy to get divorce under the legal framework.
3. You are free to live in with anybody else, but an agreement to this end will have no force of law.
You can file a divorce petition in Gujarat if you got married there. Also file a criminal revision against the maintenance before a district court.
There is no such thing as a live in agreement. That would not help you in your divorce case.
