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vempati dinakar   09 February 2020

wife looking for divorce but husband not accepting, how can she proceed

my sister looking forward to divorce from her husband and living separately for over a year. her husband is not agreeing to mutual concern divorce now we are confused on how to move forward, can anyone suggest us a way.


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 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2020

You have not mentioned the grounds for the divorce without which none shall be in a omfornt position to advise you legally.

Joy Bose   09 February 2020

Hello,

you need to convince your husband for mutual divorce otherwise you will need to wait for 4 more years to get divorced. The law says that if one of the spouses is not agreeing for mutual divorce then they have to wait for 5 years to get divorced without the permission of the other spouse. In your case, one year has already passed.

 

Rupin Dhama   10 February 2020

Convince the court for the divorce with the valid grounds. If the husband is not agree then the court should agree. Also file maintenance case , domestic violence and 498 a against the husband if required.

For more information contact us on 9999121211 or on Facebook/email rupin.lawjunction@gmail.com

Anukriti   10 February 2020

Hey 

There are various grounds on which divorce without mutual consent can be obtained:

  • If the other party in a marriage have s*xual intercourse with someone else after solemnization of the marriage.
  • After the solemnization of the marriage, treated the partner with cruelty
  • The other party has deserted the divorce seeker for a continuous period of not less than two years, immediately preceding the presentation of the petition.
  • The other party has ceased to be a Hindu by conversion to another religion.
  • The other party has been incurable of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent, that the divorce seeker cannot reasonably be expected to live with the other party in a marriage.

A divorce without mutual consent can be sought on above grounds under Section 13 (1) (i) of the Hindu Marriage Act,1955.

I hope this helps.

Dr J C Vashista (Advocate)     11 February 2020

It is advisable to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.


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