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PWe have a very short and unhappy marriage. Throughout the marriage situations have been fuelled by verbal and emotional abuse, which I could still withstand. However later it turned into a violent physical abuse and her calling cops on me on fake charges.
A while back her family got involved and tried to put some sense into her, however soon they also gave up. Eventually she moved out as constant fighting did no good, and also she must have felt isolated as she got no support from even her family and friends.
Since then she has moved out to another house which I jointly own with her (75% me, 25% her).
I don’t want to ever get back together, as I know due to her unstable nature peace will never last beyond few days.
What I wanted to ask, for how long can I wait before legally serving her divorce notice.
I know mostly court would give her the house as alimony despite me having video evidence of her physically assaulting me. I guess laws are such in India as domestic violence only applies to females, and it will favour her, but I am OK. At least in the long run it will give me mental peace and let me live rest of my life in calmness.
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DMutual divorce 1 year but contested one you can start rightaway. Contested ones you would be fighting for ages if one of you doesn’t want to divorce. Be informed about your options fully by connecting to multiple lawyers. In india you will have to become half the lawyer yourself to get things moving.
Most importantly be sure about your decision because if you are going to court you have to be sure otherwise you might end up loosing money and reconciling with your spouse which you could have done outside court.
In none of the cases of my near ones has the women received full property. There are several factors. You have proof of DV on you, your marriage was short, no child, whether she herself is an earning person or not.
This social media platform highlighting few unjust cases doesn’t represent majority. Proof in courts matters. And trust me most of these cases doesn’t represent majority in which women is at the receiving end of DV. Verbal and mental abuse towards women is so common by husband and in-laws that you will be surprised why women even marry men.
You might be getting information from another divorcee but keep in mind that you have no idea how that bechara dost and his family would have treated his partner behind closed doors. -
DHi. I’m a Delhi based lawyer. The divorce petition can be filed after a year of living separately, barring exceptional circumstances. And it is absolutely not necessary that the property will go to her, by way of any relief, especially since the marriage was short lived. Infact, the chances of that happening are bleak.
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P1. Check the pre-requisites & procedure for Contested Divorce here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. Check the pre-requisites & procedure for Mutual Consent Divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
3. Sending a notice is not mandatory for divorce cases, you can directly file the petition. If you have completed 1 year of marriage and you have been living separately you can file contested divorce. You can also file Mutual consent divorce considering that even when you lived under same roof, the relationship was not cordial. [https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/](https://divorcebylaw.com/is-it-mandatory-to-send-a-legal-notice-before-filing-a-divorce-case/)
4. For further clarification you may contact us [https://g.co/kgs/wW9E6Gm](https://g.co/kgs/wW9E6Gm)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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