• Legal advice on divorce

My wife and I have been separated for a little over 3 years. 3 years back I had to relocate from one city to another for business purpose and after a few months of my relocation my wife changed all her contact details and stopped all kinds of communication with me. My parents asked her what she wanted and her reply was that she didn't want to live with me any more because my financial status has gone down drastically. We have a 12 year old daughter and she doesn't allow her to speak to me or meet me. 
I would like to know what are my chances of getting a divorce if I file one against her. he will not agree to mutually settle things with me. How much time does a divorce in such circumstances take. Also i would like to know how much alimony i need to pay to her. My financial condition is at its worst right now. Any advice from your end will be highly appreciated.
Asked 4 years ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Hindu
you may file divorce on the grounds of cruelty and desertion.It may if contested, take a few years.you will have to pay maintenance for wife,if she is not earning and daughter.Regarding alimony, it can be mutually agreed upon.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.8 on 5.0

you can go for mutual divorce if she is not ready to live with you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

1. You can file suit for divorce against her but you have to prove acts of cruelty perpetrated by her. Without proof of her cruelty , you will not get divorce.
2. Divorce suit if contested lingers not less than 4 years.
3, Alimony is roughly 1/3- 1/5th of your income.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

1) best option is for divorce by mutual consent . 

2) contested divorce petitions take 5 years to be disposed of 

3) if you so desire file for divorce on grounds of mental cruelty . later if wife agrees file for divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

1. Since you are financially not in a position top pay a huge sum of money as alimony it is in your interest to endeavour to convince your wife for mutual divorce. If all your efforts prove futile then you may unilaterally apply for divorce on the ground of mental cruelty by your spouse.

2. If you are disallowed from meeting your daughter then you may seek access to her by filing a case for child custody. 

3. The amount of maintenance cannot be foretold by us as it is for the court to fix. Your financial status will be taken into account.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

1. You can file divorce case on the ground of cruelty and desertion,

2. It may take even 4/5 years if  well contested by her,

3. You shall have to pay her maintenance if she is not employed which normally is 1/3rd of your net monthly income,

4. Alimony will be decided by the Court,

5. You can also file petition for visiting right or custody of child.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

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