• Legal dissolution of marriage

I'm 28 and i'm married for 3 years and have a daughter of 2-year-old.  I'm under great emotional distress because of this marriage and decided to get divorced.  I'm educated enough to know the consequences of a divorcee ( so pls, pls, please do not advice me regarding the consequences).  Anyways, this marriage is a failure to me, nothing can be done to mend it up.  No counselling will help us to save this marriage.  I cannot take it anymore.  I'm going mad as every day passes by and i'm starting to get suicidal ideation too.  I need help.  I need advice.
Asked 2 years ago in Family Law from Coimbatore, Tamil Nadu
Religion: Hindu
1. Since you have decided to legally end the marriage there are two ways under the legal framework to do it-Mutual Divorce or Filing for divorce unilaterally(Contested Divorce). You may file for mutual divorce only in the event that your spouse is in agreement with you to end the marital tie. If there is no agreement between you and your spouse with respect to dissolution of marriage then the only legal remedy available to you is to unilaterally file for divorce whereupon your spouse may oppose the grant of divorce to you. Mutual Divorce can materialise in 6 months whereas contested divorce may easily take more than a year.

2. You have not mentioned the reason why you want divorce. So I am unable to mention the basis on which you can seek divorce by moving to court.

3. Is your spouse ready to part with his/her daughter by giving her exclusive custody to you? If no, you will require court orders to retain her custody by filing a case for child custody.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Divorce (mutual or unilateral) can be filed by you any time in the court. 

2. The legal fee of your lawyer can be disclosed by him alone. 

3. Have a conference with a lawyer to know the grounds on which you can file for divorce.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Divorce if contested by another spouse is very acrimonious and time taking. You can speedy divorce which seems your priority right now only if your spouse laos wants that and in that even both of you can apply for mutual divorce which does not take more than six months.

2. Broach this topic t your husband and try to convince him/her for the same. Else divorce suit even if filed you may take years together to see concluding light of the day.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Querist
If there is any cruelty upon you then you may file a contested divorce before family court under section 13 ( 1 ) of Hindu Marriage Act. Fight the case on merit and try to prove your case and get divorce decree from court. 
For child custody you have to file a civil suit for custody before the family court under section 25 of guardian and wards act.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) if your marriage has collapsed talk to your husband for divorce by mutual consent . if your husband is agreeable you can obtain divorce by mutual consent . within period of 6 months 

2) in MCD consent terms are drawn at time of filing petition . in consent terms it can be mentioned that you will have custody of your daughter and your husband visitation rights . 

3) consent terms can also provide for maintenance your husband will pay for your daughter  for you . 

4)if your husband is not agreeable for divorce then contested divorce can take 5 years to be disposed of . you have not mentioned the reasons why you want divorce . hence grounds for divorce can be suggested by your lawyer after detailed discussions .

5) as far as your depression is concerned consult a psychiatrist .
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1) petition by you  for divorce will have to be filed in family court in your city 

2) lawyer fees vary . 

3) we cannot suggest any lawyer as we do not know your location . you can search in kaanoon.com website for lawyers in your city 

4) contact details can be obtained from administration of this website
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
you may file for divorce either mutually cosent divorce if you husband agree for same or regular divorce on any of grounds mentionned in HMA. for custody of your child you have to file seperate suit under guardian & ward act. both cases will be filed in family court of your district.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Client,
You need not worry much about your marital life. You can approach family court by filing divorce petition under section13 (1) of Hindu Marriage Act, provided you have to establish cruelty against you by your husband. The family court will pass the divorce decree. You are further advised to make necessary efforts to convince your spouse through negotiations and bargain for Mutual Consent Divorce, which is best option available for the couple seeking divorce under section 13(B) of Hindu Marriage Act.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
you have 2 options;

1. first is mutual consent divorce if ur spouse agree for it and it takes 6 months only.

2. second is contested divorce which you can file on ground of mental creulty of ur spouse in court but it takes 3-4 years in court.

3.legal fee of lawyers vary.

4.u can find local lawyer from google.

5.if ur wife then  custody of kid will remain with you as ur her natural guardian.

6. if ur husband then u have to file petition for custody of kid in court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
If circumstances are as bad as you have stated then first take recourse to certain measure which facilitate the divorce by mutual consent. If there is harassment to you on account of dowry, file a complaint with the Police File case of domestic violence and maintenance. Your husband should also feel the same way as you do Before resorting to these measures talk to your husband to agree on MCD. Do seek help of a local lawyer.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
You can obtain a divorce, either by filing a divorce petition unilaterally, or if your husband consents, by mutual consent. A contested divorce may take around 2/3 years for disposal, whereas, a mutual consent divorce may take about 6 months.
You may also file an application in the divorce petition for custody of your daughter; normally, courts do allow custody of a 2 year daughter to the mother.
As regards the fees and costs involved in the proceedings, that depends on where you are presently residing, or where was the marriage registered/solemnized and the relevant jurisdiction of the court.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
Hello,
There are two forms of Divorce application available to you.
a)Mutually consented Divorce-- It has to be filed either in the Family Court or the District Court as the cae may be.
It is filed when both the spouses agree to divorce having realised that the marriage can not continue.The order of divorce is obtained in 6 months.
b)Contested Divorce.--It is filed when you are aggrieved and the other spouse causes suffering or if there are valid grounds on which divorce can be filed.May take 3 to 5 years to obtain divorce and involves a number of appearances and prolonged litigation.
You need to search for a local lawyer and entrust him with your case so that he can guide you appropriately.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Dear Client,

You can obtain a divorce, either by filing a  contested divorce petition , or if your husband consents, by mutual consent. A contested divorce may take around 2/3 years for disposal, whereas, a mutual consent divorce may take about 6 month.
Furthermore, with respect to custody of your child, your child is minor and that you need to file a petition for the custody of the children. Section 6 of The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
 So, normally, courts do allow custody of a 2 year daughter to the mother. However for appointment of declaration of any person as guardian, the court shall consider the welfare of minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child.
 
The answer depends on the balancing of all these factors and determining what is best for the child’s total well being and thus there are numerous occasion wherein Supreme Court has allowed father to retain the custody of child.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. You have two options to terminate your matrimonial relationship,

2. The easiest and fastest way is mutual consent divorce wherein both will agree to sign the said MCD petition and file it. Nothing is accused againt each other and terms, if any, are predicided. It takes 6 months 1/2 months to get the MCD disposed of,

3. If the otherside is not agreeable to sign MCD petition, upu shall have to collect adequate evidence of crrelty  like video/audio recordings to file Divorce petition against your husband,

4. Divorce can not be sought without having grounds presribed by the  law and cruelty is one such ground,

5. Contested Divorce is time taking,

6. Expenses depend mainly on lawyer's fees which varies from Lawyer to Lawyer,

7. Engage a local lawyer for the said purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi, if the both parties of the marriage are agreed then go for divorce by mutual consent that is the better.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
you can file a case for divorce by mutual consent if he doesnot consent file a case for divorce on the ground of cruelty and file a case for the custody of children and maintainence for children and  for you
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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