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anup neshti (marine engineer)     12 May 2013

Advice on procedure for getting divorce.

My friend has been married since past 12 years. it was an arrange marraige. but the guy always had an erectile dysfunction problem, even before marraige. the entire family knew about this but nobody disclosed it. anyways , my friend tried to complete her married life by trying to obtain emotional support from her husband and trying to get him treated all these years. but all in vain.
past one and a half year, the guy has just stopped talking, communicating and even staying with my friend. he stays with his mother and my friend has a job and is self-sufficient.

now she intends to start her life all over again by not having to think of her husband. she wants to get a divorce and disconnect literally and completely with him & his family. this divorce is not just because of his physical incapability, but also because of his absence entirely as a husband in every possible way.

please guide me in case:

1) i would need the compensation.

2) if i just need the divorce ASAP.

 

thank you



Learning

 2 Replies

ANAMIKA VICHARE (LAWYER)     14 May 2013

The wife can file a petition for decree of nullity u/s.12[1][a] of the Hindu Marriage Act if they are Hindus. as there is no condition as to the time limit and also alternatively for a decree of divorce on the ground of cruelty and desertion. u/s.13[1][ia] and s.13[1][ib], constructive desertiion.   If husband comes, he is likely to give consent, if not u will get ex-parte decree...

Adv Anamika Vichare, Famiy Court, Bandra, Mumbai

9920764088

usa Mobile No.01-317-801-2323 Till 31st May

in case of emergency give me miss call, I shall call u back

ANAMIKA VICHARE (LAWYER)     14 May 2013

The wife can file a petition for decree of nullity u/s.12[1][a] of the Hindu Marriage Act if they are Hindus. as there is no condition as to the time limit and also alternatively for a decree of divorce on the ground of cruelty and desertion. u/s.13[1][ia] and s.13[1][ib], constructive desertiion.   If husband comes, he is likely to give consent, if not u will get ex-parte decree...

Adv Anamika Vichare, Famiy Court, Bandra, Mumbai

9920764088

usa Mobile No.01-317-801-2323 Till 31st May

in case of emergency give me miss call, I shall call u back


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