Aftr 10 yer of marige, can one tak divorce if apart frm 1 yr


my brother got married in year 2001, he along with his wife not living happily from the very first day, and from while his wife keep on eligating, my father, my cusines, in the cheapest ways and from last one year she is at his father place, now can my brother apply and get divorce even if she refuse to give yhe divorce

 
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Your brother can file a Divorce suit by his side on contest after one year of separation in District /Family Court.

 
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Principal Partner

Dear Mr Arun,

 

Your brother has few options in front of him, and he should consider all of them before proceeding further. 

1. try reconciliation and talk things out with the help of family or professional mediator. 

 

2. If he wishes to live with his wife he can also file for restitution of conjugal right in the family court.

 

3. If both the parties agree to divorce by consent, he can file a Mutual divorce petition. The said petition can be filed only after one year of seperation of the couple. The process takes 6 months once the petition is filed. as there are two motions in the said petition and a minimum of 6 months gap has to be there between filing of the two.

 

4. He can file for regular divoce in case wife doesn't give consent as mentioned above. The divorce is a long affair and is usually avoided.

 

You can contact me if you have any other queries.

 

Zaryab Rizvi (Advocate)

9999784700

www.lczf.in

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Arun according to hindu marriage act section 13 is related to Divorce you can read it 13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the 1. Subs. by Act 68 of 1976, s. 6, for" or fraud". 2. Subs. by s. 6, ibid., for" the grounds for a decree". husband or the wife, be dissolved by a decree of divorce on the ground that the other party- (i) 1[ has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or (iii) 1[ has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,- (a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or] (iv) has 2[ been suffering from a virulent and incurable from of leprosy; or (v) has 2[ been suffering from venereal disease in a communicable from; or (vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive. 1. Subs. by Act 68 of 1976, s. 7. for the former cl. 2. Certain words omitted by s. 7, ibid 1[ Explanation.- In this sub- section, the expression" desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 3[ (1A) 4[ Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground- (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.] (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,- (i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[ bestiality; or] (iii) 7[ that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 , (78 of 1956 .) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 .) (or under the 1. Ins. by Act 68 of 1976, s. 7. 2. The word" or" at the end of cl. (vii) omitted by Act 44 of 1964, s. 3. Cls. (viii) and (ix) omitted by s. 2, ibid. 4. Ins. by s. 2, ibid. 5. Subs. by Act 68 of 1976, s. 7, for" two years". 6. Subs. by s. 7, ibid., for" bestiality". 7. " Ins. by s. 7, ibid. corresponding section 488 of the Code of Criminal Procedure, 1898 ), (5 of 1898 .) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; (iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 .] (68 of 1976 .) read it and think that your problem comes in which clause. feel free to call
 
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@Minansu,

Contested divorce under cruelty grounds does not need to be filled only after 1 year of separation...it can be filled before that as well

 
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Advocate

 one years limitation is to be  reconed  from  date of  marriage  and  not  from  date of  separation, how ever  in  case of  exceptional  hardship  court may  allow  filing  of  such  petition  even   without  any limitation of time ,  

 
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Advocate

petition  for  divorce  of cpurse   on the  grounds  permissible  by  la  as  narrated by  Mr, Nadeem  Qureshi

 
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