simran (n/a) 06 January 2008

Pls answer me

For divorse WITHOUT mutual concent in a Hindu marriage

1.       how much time the couple has to live seperate to file a divorce without mutual concent?

2.       if a person suffering from depression, does it come under the category of unsound mind or emotional cruelty done to that person? If it is curable then can it be still used as ground for divorce?
[img]images/spacer.gif[/img]
3.       what does 'cruelty' refer to in case of emotional pain? does it need to be proved and if yes, how can emotional pain be proved?

Reply Follow

2 Replies

Shambasiv (n/a) 06 January 2008

[user=1178]simran[/user] wrote:
"For divorse WITHOUT mutual concent in a Hindu marriage
┬á
1.┬á┬á┬á┬á┬á┬á how much time the couple has to live seperate to file a divorce without mutual concent?

2.┬á┬á┬á┬á┬á┬á if a person suffering from depression, does it come under the category of unsound mind or emotional cruelty done to that person? ┬áIf it is curable then can it be still used as ground for divorce?
[img]images/spacer.gif[/img]
3.┬á┬á┬á┬á┬á┬á what does 'cruelty' refer to in case of emotional pain? does it need to be proved and if yes, how can emotional pain be proved?

"

Under the Hindu Marriage Act, 1955 the spouses, who desire a divorce by mutual consent, have to present a joint petition in the court which has an appropriate jurisdiction. The parties, presenting such a petition, must claim with proof that:
they have been living separately for a period of one year;
they have not been able to live together;
they have mutually agreed that marriages should be dissolved.

suryagaurav (manager) 10 January 2008

no time needed if done with mutual consent,

depression is not termed as emotional cruelty if there is not any proof concerning that :(,neither it termed as unsound mind if not causing general behaviour

emotional pain must be proved as there is not any indicater for that pain, so burden of proof lies upon you if you file the case.