Legal Question in Family Law in India

Legal advise

I have been married for just 8 months.My wife is now not willing to stay with me.She says we are not compatible to each other.Though I dont want to give divorce but she is not in condition willing to come back.Please suggest what can I do.If I go for mutual concent divorce in bangalore-Karnataka how many days it will take.Will marriage councelling help.My wife is very arrogant.If she sticks to one she will not leave it.Please advise


Asked on 4/29/09, 11:58 pm

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: Legal advise

you can file for divorce only after on year of marraige furhter for mutual consent you should have lived seperately for one year . after filing teh peittion generally date is given after six months which is a mandatory waiting period. after whcih teh evidence is recorded and orders are passed which may take a maximum period of 2months so generally after filing teh petition it will take around 7-8 months for divorce to take place

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Answered on 5/01/09, 1:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Legal advise

Marriage counselling may help. you may need to wait for considering about divorce, if it by mutual consent.

It may be better to make efforts to assuage her hurt feelings and make the marriage work.

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Answered on 5/01/09, 1:52 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Legal advise

in case your wife is not willing to stay with you, there is no point expecting her to do so as per your wishes. even if she agrees for it sooner or later, life of you both may become a living hell. better sort out the matter and seek divorce by mutual consent. it would be done within a month or so.

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Answered on 5/01/09, 2:26 am
Sumit Mehta S 'n' S Law Offices

Re: Legal advise

As per sec.14 of the Hindu Marriage Act, a petition for divorce by mutual consent can be filed only after one year of the marriage. Further if a petition for divorce by mutual consent is filed in the court, a period of 18 months is given to both the parties to withdraw the petition. if the petition is not withdrawn within the specified time, the court will pass a decree of divorce on hearing both the sides.

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Answered on 4/30/09, 2:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal advise

consult a local lawyer

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Answered on 5/08/09, 7:34 am


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