re divorce in dubai?

Question

thnx for ur reply. i am bit confused , tell me
1 whats the total time period, to leave seperate to get divorce.
2 is the case to filed in family court before the total seperation time or after the required years of seperation.
3 does the indian family court gives divorce on the basis of years of seperation, even if the women is not ready to seperate and the men is ready.
sorry for all the trouble i m giving to u, but need this info very badly for my friend.

Answer 1

No doubt you are confused. Firstly the reason or condition for divorce on the basis of desertion or living separately by the other party has to be 2 years, here if you desert her or live separately from her then this reason or condition she can use against you for divorce not the other way round. Second this is about living separately in this if both of you are living separately for 1 year either on mutual consent or for any one of you so want it then if after the completion of this 1 year if both of you decide to get this marriage dissolved by mutual consent then both of you move the family court with a joint petition for getting divorce by mutual consent. In both the cases the stipulated period has to be completed then only a petition can be filled not during the period of this separation. If the woman is not interested to live separately from the husband but he wants to live away from her then he should think about getting decree of judicial separation on the basis of the ground of cruelty of his wife, once he get this decree he has to again wait for 1 year & after expiry of this 1 year period he can again move the court for getting decree of divorce. To tell you very frankly that the whole process where only one party wants divorce the case in the Indian Family courts can take any thing between 5 to 8 years or even more, but if both of them decide to take divorce on mutual consent the total period after the separation period of 1 year can be any thing between six months to 1 years. Now don’t get more confused otherwise you’ll never think about getting married if not married but definitely will not think of going for divorce unilaterally if married, this is the reason why the legislations are made so tough for any one to get divorce so easily & further delay is taken care by the courts, lawyers & welfare organizations in India.

Answer 2

Dear Kumar:

If spouse in question is not willing to have a divorce, then separation alone can not be the reason for divorce, according to Hindu Marriage Act.

Your friend can stay separated for 50 years he will still be her husband.

Now how to get divorced in these situations.

Need to get a good lawyer and show cause why you want a divorce. And the cause must be just.

BTW: Getting hooked by a hooker in Dubai is very easy and definitely not a good reason to leave your wife.