Divorce from either of the party

 In such a case divorce by mutual consent is the best option, by convincing the other spouse but, if divorce is to be filed unilaterally then it can be obtained only on the grounds provided u/s. 13 HMA in case of hindus.

Yes Archana, has rightly advised.

Smita,

What is the issue, why you dont want to stay with your husband? The divorce can be filed by either parties with the valid reason and the ground of the divorce. Flimsy grounds are not acceptable.

Moreover, If the wife files the divorce, then the chances are more of getting it, rather than the husband files for the divorce.

Divorce can filed by mutual consent u/s13b of H M A act  there are other grounds for divorce i.e cruelty,desertion & ohter grounds.

 GENERALLY FAMILY COURTS TRY TO UNIT IN FIRST INSTANCE OF COUNCELLING, IF MUTUAL CONSENT  CHANCES OF SPEEDY DIVORCE . BUT COURTS ALWAYS TRY TO DELAY AND MAKE BOTH TO HAVE FRESH LIFE. WHAT EVER THE GROUNDS WE PROPOSE FOR DIVORCE THE COURTS HAVE ALWAYS SYSTEMATIC APPROACH IN DECIDING THE DECREE. 

Mr. Hardik Mehta

this has nothing to do with me.

in present case husband has dought that wife has extra marital affair. besides he is not wiling to stay with her wife any more becuase of her nature and also other family issue.

perhaps it could be difficult for him to proove extra marital affair of her wife.

it will be futile to bind two people to do not want to stay togather. pehaps the court may not recognised the ground for divorce. the court can not clear the mind of the husband with respect to his wife. nor they can stay togather as normal husband and wife.

under such circumstances can divorced can be granted by the court  on request of husband even though wife is against the divorce??????? 

Doubt is not a proper ground for divorce. On this behalf he can not get it, while his wife doesn’t want to get divorcee.  

Adv. archana is right.

Yes one of the parlty can file suit for divorce on valid grounds.

Yes one of the parlty can file suit for divorce on valid grounds.DISCRIBE IN HMA u/s 13 as legal grounds such as crulty,s*xualy unfit,stay awaysince long time,enaged in adultary etc,

MERE COZ THE HUSBAND HAS DOUBT IS NOT A GROUND OF DIVORCE. HE HAS TO PROVE HIS DOUBT OR ANY GROUND OF CRUELTY ETC. ELSE DIVORCE CANNOT BE GRANTED.

Regards
adv.kamal.grover@gmail.com

Simi,

If the husband files for the divorce with this allegations, then he has to prove the same. If he is not able to prove the allegations, then it is difficult to get the divorce. On other hand, if the couple can take the mutual consent divorce.

Here, the couple needs to go for reconcilation which helps in getting the doubts clear. This can help in setting the marital life again or can get the Mutual Consent Divorce.