• Divorce procedure Jaipur

Hello there. I am separated from wife who is living in Jaipur and I am in UK. She does not plan to return and I have tried reconciling with her in 2018. She has always and still living in parent's home. I was married in 2010 and I wife has lived with me all but for 1 year before separating for 6 years then since 2018. Kindly advice me if divorce is possible in this situation when she has refused outright that she will destroy my life by not giving me divorce and threatened fake dowry complain for me and my family if I divorce her. I am seeking an able and understanding lawyer to help me. So far it has been difficult as lawyers have asked for extreme amount of fees to help me, ie Rs 25000 for 15 min advice. I feel very disheartened and hope this website can give me some advice.Many thanks for your help in advance!
Asked 5 years ago in Family Law
Religion: Hindu

14 answers received in 1 day.

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24 Answers

We charge nominal fees for phone consultation 

 

you can contact any lawyer on this website for phone consultation 

 

you can file for divorce on grounds of mental cruelty 

 

wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I will give you the full advice for 1 hr in Rs. 15000/-. Will also take care of your divorce case in affordable fees if required. You can file contested divorce. You can  contact me if required. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The fees of 25k for 15 minutes advice was nothing but I regret an attempt to fleece you. 

Anyway we having been expert in the field of matrimonial law both in India and abroad with most reasonable fees structure you can feel free to contact us.

You have a very good case where the court has countless precedents to dissolve marriage to such disgruntled parties on the ground of desertion and mental cruelty..

So please don't get disheartened.  There is always light on the other side of the tunnel however dark it may be.

You have tolerated her and it's no more required.  Law is in your side. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You don't fall prey to the fleecing lawyers,  who due to greed of money may even misguide you with wrong cases and even may discontinue the services midway. 

You first consult an advocate of this forum who hails from your native place, ascertain the facts and procedures and after that proceed legally to file a contested divorce case on the grounds of desertion and cruelty. 

She may,  in retaliation,  file or threaten to file false criminal cases against you. 

Don't deter your determination,  concentrate on your target and focus only on your object to dissolve your marriage by a decree of divorce through court of law. 

Her false cases can be challenged properly in the trial proceedings. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You are at the right place.

The Advocates from this Website charge very minimal fee for phone consultation for 15 minutes which is payable  directly to the website after choosing one of the Advocate's from this site.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You can definitely file for divorce on grounds of desertion and cruelty which is a valid ground for divorce under section 13 of the Hindu Marriage Act, but documentary evidence would be required to prove your allegations in the court as the onus of proof would be on you.

Her actions of threatening you to destroy your life and file false criminal case against you and your family amounts to cruelty and can be made as a ground for divorce. Cruelty can be mental or physical oe both as per law. you can contact any lawyer from this website for legal advice. The charges here are nominal.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A divorce petition must be filed immediately on grounds of cruelty and desertion. As she has left you voluntarily she has no right to refuse divorce as she has no reason to live separately.

Also file a rcr application first so that her intentions become clear.

Contact if matter pertains to jaipur.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have all the sufficient grounds for divore.

Cruelty, desertion 

Go ahead with filing the divorce case 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can put in front of her Mutual Consent Divorce proposal, if she deny this then go for Judicial Separation first and apply for Divorce through court. Kindly give Legal POA for court proceeding on your behalf to any one of your family members. 

 

No need to worry about you wife's threat that she will make your life miserable or destroy. There are so many legal ways. For every question or fact there is solution in the Indian Law.

 

Do let me know your future step with you want to go for second marriage or remain as divorcee. So I can provide you solution accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further ,under Hindu Marriage Act, separation is also a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition

- Hence, you can file a Divorce petition on the ground of Cruelty and above mentioned grounds before the court in India , even through POA to any relative. 

- However you can also try to take her consent for mutual divorce if is not interested to live you also , only threatening for implicating in not enough , she will have to prove the same. 

- Further , before filing any case , you can lodge a complaint /information before the police and higher official after narrating the facts in details , and thereby mention that she has deserted you without any sufficient reasons and now threatening for implicating in false cases of dowry. 

 

You can connect with me via kaanoon.com , if further advise needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Desertion by either for more than 2 years and threatening to file false cases, amounts to cruelty and ground of divorce. Record her threats and your attempt to reconcile with her.

Wife cannot be force to live with husband but you can apply for divorce due to her unwillingness to restitue her conjugal life.

Record her threats and all. Will use in evidence in divorce and defence in false cases.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can file Contested Divorce. 

Fees depends on the lawyer's expertise and experience.

Fees are not uniform or standardised in legal profession. Call us through the website for further assistance.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes divorce is possible on grounds of dissertion and mental cruelty by spouse.

2. Her cases for dowry and domestic violence will not be strong enough to put you jail because of period of separation.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can get in touch with me via this platform. However you need to come down here to give her divorce.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear sir,

1. If she is not agreeing for mutual consent divorce you'll have to institute a petition for contested divorce in Jaipur, which can be done through your advocate. 

However, you have to make sure that you have sufficient evidence for doing the same. 

So the first advice is keep all the evidences safe with you. Save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. The idea should be to collect everything in order to prove your case and counter her possible allegations against you. If her allegations are false, definitely she will goof up somewhere and all these evidences will help you immensely in the investigation and trial.

 

2. If your evidences are weak, you can seek an alternative remedy of judicial separation. The standard of proof required is slightly lesser. If you are able to obtain judicial separation and you both do not reconcile within 1 year. It will become an additional ground for divorce which is also called as "irretrievable breakdown of marriage".

 

3. Rs. 25,000/- for 15 minutes is exorbitant. As eventually you'll have to hire services of a lawyer, it is advisable that you look for services of a lawyer according to your budget. There are good lawyers on this forum who can help you out at very reasonable prices. 

 

Hope this answer helps.

Best wishes.     

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Dear Sir,

Kaanoon.com has a team of experienced and expert lawyers but this is not the right forum for asking an advocate to work for you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Sir,

 

- Filing directly for Divorce without having sufficient proof in hand will create a problem for you like including cancellation of International Visa etc.

- Better go for RCR first and then get the ground created later for divorce.

- You can feel free to connect.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Please contact through this website so that i may advise.

For lawyer in ajmer or jaipur please contact.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Thanks for your appreciation 

 

2) you can do online  search for lawyers in Ajmer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can contact me for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

there are number of lawyers in this website from Ajmer having good ratings . you can check their profile on the website

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

There are few lawyers available in this forum who hail from Ajmer, you may either contact anyone of them or can approach Bar Association in Ajmer to find a suitable lawyer  for handling your case. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can contact for same. Service available for both Jaipur and Ajmer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Yes you can get a lawyer from this website , or you can contact a local lawyer for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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