dispute between wife&husband

Querist : Anonymous (Querist) 11 March 2011 This query is : Resolved
below one year- from the date of marriage- if wife want divorce from husband-what is the procedure to be followed to file a suit in the court of law. the ground to be taken - how to asses that ground under section 13 of H.M. Act

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adv. rajeev ( rajoo ) (Expert) 11 March 2011
What is the problem with husband and wife? Without knowing the grounds it cannot be advised properly.

Devajyoti Barman (Expert) 11 March 2011
Yes, and in any case you go through the Hindu Marriage Act and then think which one would apply to your case.

Querist : Anonymous (Querist) 14 March 2011
thanks for your reply . the DOM is 1st april 2010.from july 2010 the wife is with her parents till today . according to her father she was absued physically and mentally by her husband at her inlaws house.physically handling accured only in their bed room, but the husband shouts at wife in front of all and also advised by his wife not to behave like that.i.e. not to speak loudly in front of new persons and she doesn't like such behaviour. the reply from the husband is neither he want to change himself nor she should try to change him. and also cleared that since his child hood his behaviour is like that and his mother also says that he is shortempered.
because of husband's behaviour wife went in to depression and also given medicine for the same. now the parents want to send her bake nor the girl is ready to join the society of her husband. the father came for a legal openion.
THE suggession given by me is not to force her to join the society of her husband immedieatly and to give her sufficient time to think over. but the father refused to follow this and he said to approach leaglly against the son inlaw.
I adviced to applying for mutual consent divorve but the other party may not give consent for the same . The next wayout is to issue a legal notice and wait for reply for 15 days, and then to file a case u/s 13(i)(b)ground of curelty. before that i asked him to bring his daughter for counselling.
He asked how much time it may take to get divorce. I said we cannot say as the matter will be before the court of law .
whether this is correct suggession or else what me to suggest more.
waiting for reply with thanks.

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