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How to get divorce?

Page no : 2


Ambika S. Advocate has suggested to add another ground for Divorce that is non consummation of marriage. However it is to be kept in mind that according to Section 12 of The Hindu Marriage Act. a marriage is voidable if it has not been consummated owing to impotence of the respondent.  So the petitioner would have to establish that the marriage has not been consummated due to impotence of the respondent which may not be the case. Probably it may be easier to obtain Divorce on the various other grounds available as mentioned in my earlier comment.


Rajni Choudhary (Insurance Industry)     22 March 2009

Thank you all so much for helping me & guiding me with legal proceedings..

Can you also please tell me all this process will take how much time to get over?

I have never been indulge in any legal process, i dont know how i can start with formalities & anyone of you from delhi please also provide me your contact number with address so that i can meet for all things..


Rajni Choudhary



File Petition U/S 12 (c) HMA with Urgency Application attaching RC / WC Procees Form for process service RC to the address which in your given situation will be not very true where HE actually lives ! Right !

The chance here is that the Process will not be served upon him which you will come to know within 4 days of urgency process service application filling. Take urgent Certified Copy of Process Service Report.. Again press for process service enclosing Certified Copy of Process Service Report and in next 4 days you will come to know it has not been services upon. Make a third and final attempt of same nature process service enclosing Certified Copy of Process First as well as Second Service Report which will result in same flow as above. Once you have done three Proceses, keep Certified Copy of all three returned Process Service Reports.

Now request Urgency Application in Court and deposit Paper Adv. cost and ask for Papaer Notification with closest date of hearing. Again given to understand the missing link in your main briefs the very first one above it will not be attended upon by HIM.

Now ask for exPartee Decree U/S 12 (c) R/w O17 / R 3 and R 2 and you are free from HIM by serving upon that Decree Copy to the same address by a Regd. A/D which I am sure will return back to you once again :-)

Now you may choose your path for re-marriage / sprinster or whatever you may choose to do with your free from HIM life.

All above in my given understanding is matter of flat 3 months constant chassing work which I am sure will look quite appealing to be get over with asap. However I hv only one question to ask to you- Why you never lived with him for a single day n u may choose to not reply to this question if you may so like ? :-).


D. Arun Kumar, New Delhi, 981162 4141

PS.: However exPartee decree in such cases can always be challenged later on if HE suddenly gets wind of it but then you already have got first movers advantage and then other associated Laws are there to protect you a Lady so no long term worries. All the best.

Prabhat Kumar (Advocate)     23 March 2009

You can get the divorce on following grounds:

a. Willful Dessertion

b. Mental cruelty which was inflicted upon you by your husband due to not taking care of you after solomanisation of the marriage.

c. Apart from above 2 grounds your marriage is a voidable marriage on the ground that consent was taken from you by fraud.

You can file your petition on the address given by your husband at the time of marriage before the Arya Samaj Mandir and it must be mentioned in your certificate.


I agree with Sri Arun Kumar. However I wish to add that in addition to the ground available in section 12C HMA (consent to marriage obtained by fraud) as suggested by him, you may also take the ground under section 13 such as having physical relationship with another woman after marriage, desertion, and cruelty.

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