Divorce

Querist : Anonymous (Querist) 02 May 2010 This query is : Resolved
My relative is married last year 13July2009. She lived with her husband and inlaws family for only 2 months. Due to the illtreatment and abusing words of the inlaws family she would like to go in for a divorce. She is staying with her parents for the past 8 months. Can she apply for divorce. If so how soon can she get divorce since her parents wanted to get her re-married.

Follow Query

Report Abuse

Guest (Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE DIVORCE AND LAW PROVISIONS KINDLY NOTE THAT.

1.IN CASE BOTH HUSBAND AND WIFE ARE HINDU THEN PROVISIONS OF HINDU MARRIAGE ACT SECTION 13 ARE APPLICABLE AND EITHER PARTY CAN FILE PETITION FOR DIVORCE IN THE COURT.COURT WILL ISSUE NOTICE TO THE OTHER SIDE AND UPON TAKING EVIDENCE AND HEARING THE COURT WILL PASS THE ORDER.
2IT MAY TAKE ABOUT SIX MONTHS OR ONE YEAR AS PER THE DATES GIVEN BY THE COURT.
2.IN CASE OF MUTUAL CONCENT DIVORCE TIME TAKEN WILL BE VERY LESS.
3IN CASE OF OTHER RELIGIONS THE LAW PROVISIONS OF RESPECTIVE PERSONAL RELIGIOUS LAWS ARE APPLICABLE.
KINDLY DO WRITE OR CALL AND SEND DETAILS.WILL HELP YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.

nidhi kalia (Expert) 02 May 2010
SHE CAN APPLY FOR DIVORCE. FILE A DIVORCE PLAINT IN HINDU MARRIAGE ACT, IN SEC. 13. IF U WANT ANY HELP SO U CAN CONTACT ME ON THIS NO.9717138381

Neeraj Arora (9897136755) (Expert) 02 May 2010
As per Mr. NANDKUMAR B.SAWANT that IN CASE BOTH HUSBAND AND WIFE ARE HINDU THEN PROVISIONS OF HINDU MARRIAGE ACT SECTION 13 ARE APPLICABLE ........ it is the best advise, But it may take time.
If both are ready to divorce then they can apply under SECTION 13 (B)of HINDU MARRIAGE ACT. IT may take Only ABOUT SIX MONTHS.