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7/119 9th Left 2nd   08 June 2017

Divorce formalities

hi to all, my friend married two months before , but  from the date of mariage still she is not happy on marriage life, .. their is any legal formalities to file a divorce case.

kindly help us 


 1 Replies

Raveena Kataria (Advocate )     21 June 2017

Section 13 of the Hindu Marriage Act lays down that a decree of divorce may be granted by the court on grounds of adultery, cruelty, or if the spouse has converted to another religion, and so on. (Check complete grounds:

If your friends has faced any of the above mentioned issues, she can file a plaint. If she's generally unhappy, she may need the husband's consent for divorce. Again, a decree for divorce by mutual consent can only be granted a year after the filing of the petition, unless they choose to annull their marriage. 

Courts generally place huge stock in the idea of preservation of the institution of marriage. However, if the court finds that a marriage has broken down beyond all levels of repair, it shall grant the decree. But that of course requires evidence of years of such circumstances in which the marriage has boiled down to such a situation, when the court finds it's suitable to pass the decree. 

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