Astha 07 July 2016

Process to get divorce if opposite party doe not agree

To expert lawyers,

Hi,

I would like to learn about process and law which allows one spouse to get divorce in the event when other party is not willing to settle the matter. Is there a law which allows considering granting divorce based on some strong facts about harassment and domestic violence towards her spouse?

I am aware of Mutual consent petition and also aware of contesting divorce petition which is filed by petitioner under section13 (1) (i a) of Hindu Marriage act, 1955.

Background of the issue is that my friend’s husband has done domestic violence towards his wife while staying abroad in addition to his involvement in adultery. He has been indicted of Criminal offence in that country. To avoid punishment he runs away to India and filed divorce under section13 (1) (i a) of Hindu Marriage act, 1955.

There have been several efforts to settle this matter under 13 B, but petitioner not willing to settle under 13 B, in the essence he is using harassing respondent via legal proceedings.

Current stage of proceeding in court - Respondent is contesting this case, but petitioner on purpose delaying the process by taking medical leaves or taking long hearing dates and also threating respondent on various levels.

Now respondent is looking for solution to get divorce or get this matter settled under 13 B or any other possible way without dragging court proceeding for longer period.

Kindly advice on possible law which allows respondent to get divorce.

Thanks,

Astha.

Reply Follow

4 Replies

aarjun vhajage (Lawyer) 07 July 2016

Apply for Sec 24 in the same court, Apply for the speedy trial.

vivek malhotra (Advocate) 07 July 2016

File a petition for grant of maintainance U/s 125 Cr.P.C. including complaint to CAW Cell and case U/s 12 of Domestic Violence Act and divorce petition on the ground of cruelty if the other party does not interested in mutual consent.

You may contact me for any assistance.

Vivek Malhotra

Advocate. Delhi

9716670701

(Guest)

I'm not a lawyer but I know cases where parties have been delaying divorce for spouse upto 6 years just in family court. From there it seems the decision can be appealed in higher courts to further drag till six more years. They can drag even longer by contesting final alimony and child custody. Conclusion is that my research suggests that the best way perhaps only way to get quick divorce is to be lenient on what the other party expects. E.g. Primary custody of kids or low alimony etc.

(Guest)

I'm not a lawyer but I know cases where parties have been delaying divorce for spouse upto 6 years just in family court. From there it seems the decision can be appealed in higher courts to further drag till six more years. They can drag even longer by contesting final alimony and child custody. Conclusion is that my research suggests that the best way, perhaps only way to get quick divorce, is to be lenient on what the other party expects. E.g. Giving up child custody, alimony etc. Hopefully they will like the deal so much that they consent for divorce. Disclaimer: this is purely my personal opinion, not a legal advise. I'm not a lawyer.