want divorce
Querist :
Anonymous
(Querist) 10 February 2010
This query is : Resolved
i have left my husband house about 1 year ago because he is not earning and not have a single penny for daily expenses. and now from one year he is not attending my phone and none of his relative are ready for any talk. now i want divorce from him, what should i do, should i file divorce on the basis of cruelity or should i go to local s.s.p and give application to him or should i take help from domestic voilence, please advice me the best way to get divorce from him.
Sachin Bhatia
(Expert) 10 February 2010
The procedure of filing a divorce
According to the Indian divorce laws there are mainly two ways to obtain you divorce, the mutual divorce and the contested divorce. In case of a mutual divorce, you can have a talk with your estranged spouse to come to a settlement and get a no-fault divorce. If you are seeking a contested divorce, you can file your divorce on the grounds that are specified under the particular Indian marriage act that you are entitled to. There are separate divorce laws for Hindus, Christians, Parsis and Muslims. Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act, 1955 for filing for divorce in India. Laws are even laid down for Inter-cast marriages under the Special Marriage Act, 1956.
The following are the grounds on which divorces are commonly filed.
Involvement of the spouse of the petitioner in adultery or indulging in sexual relationships outside his/her marriage.
Willfully deserting or abandoning the petitioner for a continuous period of two years prior to the filing for divorce in India.
Inflicting physical and mental abuses that may cause danger to life and health.
Sexually impotent or inability to involve in sexual intercourse.
Suffering from incurable diseases and insanity
Your lawyer will draft a divorce petition based on the grounds for filing a divorce in India as mentioned in the Indian divorce laws. You will be expected to provide your lawyer every necessary details and documents that would enable him to file the case in the relevant court.
Ashok Yadav
(Expert) 10 February 2010
(If u r a Hindu)If your husband is not earning a panny...its not a ground for Divorce according hindu marriage act. You are talking about cruelty how you will prove cruelty....you are living seprate from him from last one year, there will be no criminal complaint in police from you.
In my opinion you should go in court for Restitution of Conjugal rights (Sec.-9 HMA.
If he denies for restitution than you should go for Divorce, if you got RCR decree in your favour and if he dont joins you within next one year, on that ground you can claim divorce.
