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Sam   08 November 2021

Wife don't want to give divorce no matter what..

Respected Lawyers,

I have already filed a divorce petition as per Hindu marriage act against my wife. But the problem is she is saying that she will not give a divorce at any cost and she is taking help of Women's freedom union. And top of that she is currently going through a medical issues. I am in tremendous pressure and really don't know how i am going to get divorce from her.



Learning

 10 Replies

Anusha Singh   09 November 2021

As per your query it is understood that you need information regarding the divorce proceedings.

Under the Hindu Marriage Act (HMA), 1955, the husband and the wife have been given the option to file for a mutual consent divorce. However, if your spouse is not agreeing to mutual consent divorce, you may file a divorce petition on the ground of cruelty provided under Section 13(1) of the Hindu Marriage Act, 1955.

 

Cruelty as a Ground for Divorce

Not every matrimonial conduct that annoys the spouse can amount to cruelty. Mere irritations or quarrels between spouses are not cruelty. In matrimonial life, cruelty can be both subtle and glaring. It may either be violent or non-violent and constitute both words and gestures.

The conduct claimed to be cruelty in the divorce petition must be grave enough to prove that it is not reasonable for the spouse who files the petition to continue the marriage. It must be a conduct more serious than the day-to-day quarrels of married life.

It is not essential for only physical cruelty to be present for filing a divorce petition. Mental cruelty is ground enough. Mental cruelty includes using verbal abuse, which leads to the constant mental disturbance of the petitioner.

 

Other Grounds for Divorce under Section 13(1)

Adultery: If the spouse engages in any form of s*xual relationship, which includes s*xual intercourse, it shall be a valid ground for divorce.

Desertion: Voluntarily abandoning your spouse for not less than 2 years is known as desertion.

Conversion: If the spouse converts into another religion, the other spouse may file a divorce petition based on this ground.

Mental Disorder: If the spouse suffers from incurable mental disorder or insanity, which results in difficulty for the couple to stay together, the petitioner may file a divorce.

Leprosy: A divorce petition can be filed by the spouse in the case of a ‘virulent and incurable' form of leprosy of the other spouse

Venereal Disease: In case one of the spouses suffers from a serious disease that can be communicated easily, the other spouse may file a divorce.

Renunciation: A spouse has the option to file a divorce petition if the other embraces a religious order and renounces all worldly affairs.

 

Procedure to File for Divorce

1. Filing Petition:

To file for a Divorce Petition, the petitioner may approach the concerned family court. Any of the aggrieved partners are free to approach the court and file for Divorce Petition in the court of appropriate jurisdiction on any of the grounds mentioned above. The petition must be filed along with affidavits, vakalatnama, and other relevant documents.

 

2. Summons:

The summons must be served on the contesting parties. The respondent has to appear before the Judge of the family court. After the notice or summons is sent to the parties, the court may also suggest the parties to mediation.

 

3. Responding to the Petition:

Response to petition is given by the party who wishes to contest the divorce by accepting or rejecting the points as stated in the petition.

 

4. Trial:

Once both the parties have stated their grounds through the petition and the response, the court hears both the parties and their evidence and witnesses.

 

5. Temporary or Interim Orders:

The next step is the interim or the temporary order which is passed by the court. These may be related to child custody, alimony, or maintenance, etc.

 

6. Final Order:

Lastly, the court pronounces the final order dissolving the marriage after which the court proceedings will come to an end.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Shashi Dhara   09 November 2021

 Be tensionless ,don't think much about it ,if she goes to women's freedom union what is her purpose,freedom means going out by taking divorce ,if she is ready give divorce.

1 Like

Sam   09 November 2021

Thank you so much Anusha mam for detailed info.

Dr J C Vashista (Advocate)     10 November 2021

She cannot continue marriage "one way" which has to be under mutual understanding. Let her seek help from any organisation, which no one can stop her.

1 Like

P. Venu (Advocate)     10 November 2021

The query suggests no legal elements. Any party in a litigation has the choice to get assistance from any source of her choice. 

1 Like

Sam   12 November 2021

Hello everyone,

Can anyone please tell me "dos and don'ts" in my divorce case.

Parasar   02 February 2022

sam what do you think you will get by filing divorce, drop an email at sarvepallilegal@gmail.com, for proper counseling 

Sam   02 February 2022

now my wife filed a separate petition in the family court under section 9 of the Hindu marriage act to pass a decree for restitution of conjugal rights instead of replying my divorce petition. can anyone please tell me! what action should i take!

Parasar   02 February 2022

Is it in the same court or a separate court 

Sam   03 February 2022

same court only.


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