(Public)
May 22, 01:59 PM
New
Q26. Can Husband File Divorce Without Wife’s Consent In India?
Ans.
Yes, husband can file divorce without wife’s consent in India. But it will not be a divorce by mutual consent. It will be contested divorce.
In divorce by mutual consent both husband and wife have to agree to part ways. According to Section 13B of Hindu Marriage Act “every divorce petition by mutual consent” shall be presented by husband and wife jointly.
If wife is not agreeing to divorce then husband can still approach the Family Court with contested divorce petition on legally valid grounds. Divorce can be sought by husband or wife by filing a petition for divorce in Family Court on grounds like cruelty, desertion, adultery, conversion, mental disorder etc. as listed in Section 13 of Hindu Marriage Act.
So, wife’s consent is not necessary to file a divorce petition. But family court will not grant divorce just because husband wants it. He will have to prove legal grounds with supporting documents, facts and evidence.
If wife defends the case, then court will allow her to be heard also. If she doesn’t show up in court after being given proper notice, then court may pass orders ex parte, but husband will still have to prove his grounds.
How Can Advocate BK Singh Help You
Advocate BK Singh can analyze your facts, advise you on the proper legal ground for divorce, draft contested divorce petition, help you prepare evidence, represent you in Family Court proceedings, reply to false cases filed by your wife, and guide you about related issues like maintenance and divorce, alimony, child custody, Matrimonial and domestic violence cases, anticy 498A, and possibilities of settlement.
If your wife is refusing divorce, Advocate BK Singh will help you figure out if contested divorce or mediation/settlement is your safer legal option.
(Public)
May 22, 01:41 PM
New
Q27. What Is The Difference Between Mutual Divorce And Contested Divorce?
Ans.
Mutual divorce is when husband and wife want to dissolve their marriage amicably and agree on key terms such as alimony/maintenance, child custody/visitation, amount of streedhan, disposal of shared property and withdrawal of pending cases against each other. Section 13B of Hindu Marriage Act, 19 55 deals with divorce by mutual consent of husband and wife. Both spouses file an application jointly and state that they have been living separately for over a year, they have failed to live together and they both agree to dissolve the marriage.
Contested divorce is when either husband wants divorce and wife doesn’t or vice versa, or both spouses have serious differences they cannot resolve. Contested divorce is filed on various legal grounds such as cruelty, desertion, adultery or any other ground that is recognised by law. Under Section 13 of Hindu Marriage Act, husband/wife can file for divorce on any ground that is legally recognised. However the spouse filing the petition needs to prove the stated ground(s) to the Court.
To put it simply, mutual divorce is based on parties’ agreement. A contested divorce is based on evidence or proof.
Mutual divorce proceedings are smoother since both spouses are cooperating with each other. Contested divorce takes time since the Court hears both parties, goes through the documents submitted, records evidence and then comes to a conclusion whether the spouses should be divorced or not.
How Advocate BK Singh can assist you?
Advocate BK Singh can help you figure out if your case can be filed under mutual divorce or contested divorce. He can draft your mutual consent divorce papers, settlement agreement, alimony amount and terms, child custody terms and conditions for withdrawal of any pending cases. If your case is contested, he can draft your divorce petition or reply to your spouse’s petition, gather evidence, represent you in Family Court proceedings, defend you from false allegations made by your spouse and advise you on seeking maintenance/alimony, fighting false domestic violence/498A case and fighting for custody of your child/children.
If you are stuck between choosing mutual divorce and contested divorce, Advocate BK Singh can go through your facts and recommend you the safest legal option.
(Public)
May 21, 04:12 PM
New
Q28. What Is Contested Divorce In India? How It Works In India?
Ans.
A contested divorce in India refers to a situation where either one spouse wishes to get divorce and the other spouse disagrees or neither of the spouses agree on grounds like cruelty, desertion, maintenance, alimony, custody of child, property etc or false allegations against your spouse.
In such a scenario, the spouse who files a petition before the Family Court alleging his/her spouse for legally valid grounds for divorce. The Family Court issues notice to the other spouse and upon hearing both parties and evidence, allows or denies divorce.
Contested divorce is where both parties do not mutually agree for divorce. Instead, one party needs to prove the grounds for divorce like cruelty, desertion, adultery or any other valid reason for seeking divorce.
Ways Advocate BK Singh can help:
â–Ş Analyze your case
â–Ş Find out the proper ground for divorce
â–Ş Draft and file the divorce petition
â–Ş Collect evidence
â–Ş Represent you in Family Court
â–Ş Reply to wrong allegations made by your spouse
â–Ş Advise you on issues like maintenance, child custody, alimony and settlements.
(Public)
May 21, 03:55 PM
New
Q29. Can I Get Divorce Without My Spouse’s Consent In India?
Ans.
Yes, you can file divorce without spouse’s consent in India but it cannot be through mutual consent. It will be contested divorce against your spouse.
In mutual divorce case both husband and wife need to agree to part ways. Mutual consent divorce case for Hindu marriage is generally filed under section 13B of Hindu Marriage Act, 1955, where both husband and wife agree together and file case and appear before court together.
If your wife or husband is not agreeing for divorce you can still file divorce petition on one of the legally valid grounds. Husband or wife can claim divorce in India on grounds of cruelty, desertion for 2 years, adultery, conversion, mental disorder and some other legally valid grounds as per section 13 of Hindu Marriage Act.
So, technically your wife cannot prevent you from filing divorce case against her. But the judge will not grant you divorce just because you want it. You need to establish valid legal grounds on the basis of facts, documents and evidence you can produce in court. If she doesn’t appear in court despite being given proper notice by the court, then the court may allow the proceedings to be continued further, but you will still need to prove your grounds for divorce.
Exactly how can Advocate BK Singh help you?
Advocate BK Singh can assist you with the following. Assessing your facts to find out whether you can go for mutual divorce or contested divorce, identifying the proper legal ground for your case, drafting your divorce petition, collecting proofs and taking care of all Family Court procedures including dealing with objections and false allegations levelled by your spouse. We can also advise you on various related issues like claiming maintenance, child custody and visitation rights, alimony, defence against potential DV case from your wife, and various terms of settlement you can claim from your spouse.
Even if your spouse is not agreeing for divorce, you can have Advocate BK Singh look into the facts of your case and advise you on the safest legal option available to you before you proceed any further.
(Public)
May 20, 03:56 PM
New
Q30. What Is Mutual Consent Divorce And How Does It Work In India?
Ans. Mutual consent divorce is the quickest and easiest way to end a marriage when both husband and wife want to separate. Hindu couples usually file it under Section 13B of the Hindu Marriage Act, 1955 in India. The parties should decide matters like permanent alimony, child custody, visitation rights, stridhan, property, pending complaints and future claims before filing. The first motion is filed in Family Court, statements are taken and then the second motion is moved after the statutory period or after waiver depending on the facts. It is very important that the deed of settlement is properly drafted as the court will consider whether the consent is free, genuine and full.