Legal Question in Family Law in India
I am a widower and my wife is a divorcee. I have a 11 year old daughter staying with me from my earlier marriage. We have been married for the last two months. But her behaviour in the house has been such that it is creating a mental distress to my daughter and my old parents who also are staying with us. Is it possible for me to file a case of divorce as of today?
I had put in this question and also received a reply for it. Thanks for the prompt reply. The answer is
The stage is not ripe for filing of divorce. However, you may live separately; or make provision for her separate living so that problems being caused to your daughter and parents may be avoided.
Sudershan Goel
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA
Sureme Court of India
New Delhi, 110001
But she is not ready to leave the house and also her parents have disowned her. She talks of all rubbish things in the society and picks up fights within and outside the house with anyone, which is really damaging my self respect.
5 Answers from Attorneys
My friend if such is the situation then according to me it is a fit case to approach the Court for seeking divorce from your wife.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
You need to wait for at least one year before filing a divorce petition. However, you may seek an order for separate living.
you may a petition for divorce on the ground of cruelty with an application for waiving off the period of one year.
i agree with adv Goel & Adv Gupta
You can move an application u/s 14 of HM Act for waiving of the period of 1 year and once the court allows you to do so you can file for divorce .
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