Is divorce necessary

@ Author,

1. Arya Samaj Mandir Marriage are legal marriages. She needs to seek divorce decree based on available grounds or alternate could be to sit with him and based on their 'differences seek 'judicial separation decree' where she need not have to cohabit with him as husband – wife under same roof and later if they are not able to reconcile their differences judicial separation decree turns into that of 'divorce decree'.

2. I am not sure why PF and gratuity etc. are mentioned in the query, it is natural that he ought to nominate her as per Rules. If it hints to 'maintenance' of your friend then various Civil Laws are there to seek maintenance if she is having no independent income to support herself.

Hi,

Thanks for the quick reply.

My friend doesn't seek alimony. Also she is apprehensive that her husband may not give her divorce. What can be the course of action under such scenario and what will be the time duration?

Also, can you elaborate the Judicial Separation decree.

Regards

 Amritanshu

@ Author,

1. Judicial separation is a sort of a last resort before the actual legal divorce.

2. From your two postings I didnot find any ground for divorce, yet I suggested 'judicial separation' thinking one of the following 'grounds' she may have and they are; Adultery, Cruelty, Desertion, Rape, sodomy or bestiality by the husband committed after the solemnization of his marriage with the petitioner (your friend) etc. And decree of judicial separation based on one of the above ground later results into seeking decree of divorce easily if they did not resume cohabitation after passing of judicial separation decree.

3. Ground should be there to seek either divorce or judicial separation. It is necessary to seek dissolution of marriage in presented facts (Arya Samaj Mandir Marriage). By simply fearing one spouse may not give then one should not remain silent in a alleged to be painful marriage is also my view. Mental cruelty is itself a vast ground etc.

4. In nutshell I donot see ground unless she has one that can be extrapolated. If ground not there then they are struck as husband and wife, Court will not grant divorce yet may consider giving judicial separation if first a divorce suit is filed and if directly based on para 2 ground judicial separation suit is filed and not able to convince ld. Judge then same may even get dismissed. Rough time line is 2-3 years in judicial separation case, whereas rough time line is 3-6 years in a divorce case.

5. Otherwise they need to sit and opt for Mutual Consent Divorce where rough time line is 6-8 months to the max.

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