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Author Topic: Divorce on the basis of cruelty  (Read 550 times)

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Offline prakashdutt

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Divorce on the basis of cruelty
« on: July 27, 2016, 01:53:14 AM »
I am a hindu male (36) married to a hindu girl (41) from past 8 years. We have a daughter of 5. I need divorce by mutual consent but she is not agree for that. The main reason is she dont want to keep any contact with my family and same she expect from me . This pressure is building up every day and leading up to heated arguments. I dont want this should effect my daughter. I managed the relation for last 8 years without any issues ( no fight , complaints or physical violence) but now I want to move on. I am ready to bear all the responsibilities as she is not working at the moment.

I need advise on below.


1. As she will not be agree on mutual consent , we need to file on the basis of cruelty, but what if in court she is admits that she will change herself and will change her behavior with my family .

2. Historically what are the chances in this kind of cases.

3. Time and the cost involve.

4.  Do I need to be in India to file the case and how many times i need to appear as I work out of India?

Offline advjaibansal

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Re: Divorce on the basis of cruelty
« Reply #1 on: July 27, 2016, 05:40:22 AM »
1. As she will not be agree on mutual consent , we need to file on the basis of cruelty, but what if in court she is admits that she will change herself and will change her behavior with my family .
Ans- This never works this way that once the case is filed the husband or wife accept their fault and agree to cure the same. The case will go on without accepting all these pleas before the court.

2. Historically what are the chances in this kind of cases.
Ans- Depends on the facts of the case and how the case is drafted by the lawyer and how the evidence is lead in the court.

3. Time and the cost involve.
Ans- 2 to 3 years or may be more. Cost depends on the lawyer you are retaining, it may be from 50k to 5 lacs.

4.  Do I need to be in India to file the case and how many times i need to appear as I work out of India?
Ans-You don't need to be herein india, you need to appear for counselling and evidence, cross examination. Not on each and every date of hearing, please tell this to your lawyer at the time of filing of the petition.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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