You can get divorce even if your husband is not ready. You should file divorce petition on the grounds mentioned in hindu law with consult of your local lawyer. You can even draft your petition from any advocate and file it.
How long does a divorce take if one party doesn’t agree in India?
So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.
How can I divorce if my husband is not ready for India?
You can file a petition under section 13 of Hindu marriage act on court, on the ground of cruelty. And you have to plead and prove the cruelty, and you can obtain decree of divorce, even though your husband is not ready.
What happens if wife wants divorce in India?
The divorce will be ordered in six month’s time from the time of filing of divorce. 1) you cant force your wife to stay with you . if your wife wants divorce agree and go for divorce by mutual consent . … 2) if you refuse she can file for contested divorce but she will have to prove the allegations made in the petition .
What if I want a divorce and my spouse doesn t?
If your spouse won’t engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won’t participate. Collaborative divorce won’t work. … Eventually, though, the judge will grant you a divorce by default.
Can my wife take everything in a divorce?
3 attorney answers
She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.
Can husband and wife live separately without divorce?
When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. … Once you’re separated and have made basic agreements about your joint assets and debts, you don’t have to divorce right away.
What is the new divorce law in India?
Waiving of 6 Month Mandatory Period
When couples approach the court for divorce under Section 13B(2) of the Hindu Marriage Act, 1955, the court grants six months for rehabilitation. Section 13B(2) deals with divorce by mutual consent. The purpose behind granting six months period was to save a marriage.
Can I get divorce without any reason?
Divorce Without Mutual Consent:
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.
Can a wife stay in husband’s house after filing of divorce petition by husband in India?
Answers (1) Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room.
Can I marry again without divorce?
No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. … If your partner is ready to file a joint petition for divorce, it will be got by 6 months time.
Does wife get property after divorce?
When it comes to a mutual divorce and if the property is on the name of the husband. As per the law, the wife has no right on the property. … Then, the law grants the possession of the property for the same as a divorce property settlement.
What if wife gives divorce?
Firstly a divorce petition will be filed in a district court dealing with family matters. … Working women cannot claim maintenance before divorce or without separation. The wife has residence right till divorce, but no property right during lifetime of the husband.
Is there a disadvantage to filing for divorce first?
The Disadvantages of Filing First
You Alert Your Spouse to Your Demands –When you petition for a divorce, you usually have to list your desires or demands. … Sometimes Pay More Fees – The individual who petitions for a divorce first might have to pay the filing fees.
Can my husband refuse to divorce me?
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can‘t be located for service. The court will set a hearing date and ask that you appear.
What if only one person wants a divorce?
The truth is that if one person wants a divorce, it can happen. … The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.