What is the minimum period of separation accepted to file a divorce petition? In what scenario the maintenance is not required to be paid to separated wife and Kids? What if the wife does not agree for mutual divorce despite committing adultery?
Hello,
Divorce can only be filed after one year of marriage.
For mutual consent divorce, separation of 1 year is mandatory.
No separation is required if you are filing a contested divorce
If the wife is earning then you are not required to pay maintenance.
Maintainance to children can not be denied.
Regards
For mutual divorce, one year separation and contested divorce can file after one year of marriage without period of separation.
If wife is earning or deserted husband herself or living in adultery. Maintianance to kid cannot be avoided.
Procure evidence of her adultery and file divorce.
You can file for contested divorce on expiry of one year of marriage
2) you can file for mutual consent divorce after staying separate for period of one year
3) if wife refuses to agree for MCD file for divorce on grounds of mental cruelty and adultery
4) wife can seek maintenance For herself and kids
1. For mutual divorce it's one year. For contested divorce suit no minimum period of separation is necessary.
2. If wife has good income at par with husband then only her maintenance can be avoided. Otherwise pay maintenance till her lifetime or remarriage. For girl child its till she marries and for boy till he attains majority at 18 years.
3. If mutual divorce can not happen then file contested divorce suit.
One year.
It will be a contested case and the case will be adjudicated accordingly.
When did you get married and where?
One year separation and six months cooling off periods for divorce by mutual consent 13B of Hindu Marriage Act 1955.
If wife living in adultry looses right of maintenance from husband but children are still entitled to get maintenance as per the provisions of law.
If wife doesn't agree for divorce by mutual consent despite committing adultry then contest, lead evidence and prove it on Court of law.
If filing on grounds of desertion then 3 years.
If wife is earning sufficiently she is living in adultery has married or is guilty of living separately without any reasons.
She may not agree but the husband will get a divorce.
Hello,
Dear Sir/Madam,
In case of mutual consent divorce, the separation of 01 year is necessary while for divorce on other grounds such period is not necessary. If the wife is capable of maintaining herself, she will not be required to be maintained but the maintenance of the kids may be ordered by the court. If wife does not agree for mutual consent divorce despite committing adultery, then the divorce under grounds of cruelty can be filed and in such case maintenance will also be stopped to her.
1. You may file divorce after completion of 1 year of marriage. In case you file for divorce before 1 year of marriage you need to obtain permission of the court.
For mutual divorce 1 year separation is required.
2. In case wife is earning and qualified you may contest the maintenance of wife.
3. You may file contested divorce on ground of adultery.
As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.
On expiry of one year of marriage you can file divorce.
Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act,In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. The standard of proof in "proceedings under the Act being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt
A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.A minor child is entitled to get maintenance from the father if during the divorce preceding the custody of child has been awarded to the mother or otherwise also.They can claim maintenance in future for their education and marriage expenses under the Hindu Adoption and Maintenance Act, 1956.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
1. Minimum period of separation accepted to file for divorce is one year.
2. If the wife refuses to join her husband inspite of favourable Restitution of Conjugal Rights decree obtained by the husband. Another thing is if in contested Divorce, adulterous act is proved beyond doubt, then in that case also, maintenance amount need not be provided to wife. But maintenance amount has to be paid to child/children.
3. If sufficient evidence of Adulterous act of wife is available, the husband can fight out through contested Divorce.
4. Because it's mutual, both the husband and wife have to agree without force, coercion, threatening, blackmailing, etc and voluntarily the couple have to opt for Mutual Consent Divorce.
1. The minimum period of separation to file divorce petition is one year.
2. If wife is living separately without any reason then she cannot claim maintenance from her husband .
- In the case of Rosy Jacob v. Jacob A. Chakramakkal,, Supreme Court declared that Wife having a school of her own and possessing wet lands is in a better financial position than husband who is not doing well in his profession and has no land. Hence, it is unnecessary to pay any maintenance to the wife,
- Further , if wife has committed an act of adultery during her marriage then her right to maintenance would be taken away, i.e. she cannot claim maintenance from her husband.
3. If wife not agree for mutual divorce then husband can get divorce on the ground of adultery.
For contested divorce the marriage should have been completed one year for filing a divorce case.
For filing the mutual consent divorce, the parties to the marriage should have lived separately away from each other for a period of one year or more.
The husband cannot avoid giving maintenance to the children, however if the wife is employed and earning sufficient income to sustain her income, he can produce documentary evidences before court and seek to reject her claim for maintenance.
You can collect the evidence for her acts of adultery and file a contested divorce on the grounds of adultery by impleading the adulterer as second respondent
Mutual consent purely depends on consent of both parties. If any one of the party does not want to go for mutual consent than there is no offence in that.
Desertion should be of 7 years for it to be a ground for divorce.
Maintenance have to be paid in maximum cases. It can't be avoided
Dear sir,
1. Minimum period for filing any divorce petition (mutual or consented) is one year after marriage. For mutual consent the couple should be staying separately for one year before the filing of petition.
2. You cannot refuse maintenance for kids. Wife is not entitled for maintenance if she is living in adultery or she earns sufficiently.
3. File a petition for contested divorce.
1. For divorce under section 13 of Hindu Marriage act there is no separation period for any ground except ground for dissertion where separation period is two years.
2. Either you need to prove that wife disserted you without any sufficient reason or she is having adulterous relationship.
3. You need to file divorce petition on grounds of mental cruelty due to adulterous relationship of your wife.
6 months you both should be leaved separately from each other.
If wife is working women in that case you need not have to pay alimony for her but for kids have will have to pay.
Yes, have can ask for judicial separation if she not going to perform MCD.
divorce petition can be filed even within a week after marriage if there is extreme hardship which has to be pleaded specifically. In the absence of extreme hardship a petition for divorce is not maintainable before a year from marriage. If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for constested Divorce. .
1. 1 year
2. You can object maintenance if your wife is earning and well to do but for kids you need to pay your share of child support
3. You can file for contested divorce
