Query regarding hindu marriage act amendment 2010
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
Hi,
Can I get divorce after 1 year of marriage under the new amendment to the Hindu Marriage Act 2010; Unretrievable Breakdown of Marriage. I am not sure whether my wife would be ready for mutual consent divorce after 1 year. So If she is not ready for mutual consent divorce, can the new amendment help me in any way whatsoever. If Yes, then how can i proceed with the same.
I have just completed 10 months of my marriage and not willing to continue with my marriage as my wife has left her matrimonial house since last 6 months without any reasonable cause because she is very lazy of doing household work and because of that she fights with me all the time. I have got the necessary evidences for the same as I had sent two legal notices within the span of 6 months to her asking her to come back but there has been no reply from her, no phone calls, no meetings, nothing. I really am not willing to continue my matrimonial life with her.
Please suggest me. If not possible through the amendment law then are there any other legal actions that I can take to come out of this trap without absolutely no waste of money in terms of compensation to her. Though, I am ready to spend money for hiring advocates but absolutely don't want to pay my wife anything.
Thank-you in advance.
Shonee Kapoor
(Expert) 19 September 2011
"Irretrievable Breakdown of Marriage" is still not a ground for divoce under HMA. It is a proposed amendment, which has not come in force as of now.
Also by the same amendment, the divorce can be sought on this ground only if couple are not residing together for more than 3 years.
You may have to file for divorce on other available grounds or go for Mutual Consented Divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 19 September 2011
I endorse the views of Expert Shonee.
prabhakar singh
(Expert) 19 September 2011
Marriage Laws (Amendment) Bill,2010,although passed by parliament has not still seen the day of its notification,as correctly pointed out by Expert Shonee Kapoor,even if it were in force on the date ,it could not be availed
of by you for it would apply to a marriage which has completed 3years,as your marriage is just 10 month old,while to file a petition of a divorce on any ground ,the marriage must have completed 12 month; just now you are not entitled to file any petition of divorce.
Shastri J.K.
(Expert) 19 September 2011
I agree with Experts.
Querist :
Anonymous
(Querist) 19 September 2011
As stated by Expert Shonee Kapoor, divorce can be sought on "Irretrievable Breakdown of Marriage" ground only if the couple are not residing together for more than 3 years.
But then why not file a petition for divorce with reason as "Desertion for more than 2 years". It would save my 1 year. Right?
Also, please let me know that after completion of 1 year of marriage, can I directly tell my wife that I need a Divorce and ask for her consent for the same, so as to file a petition for Divorce by Mutual Consent. Is there any harm in asking her directly because I doubt that she may file a maintainance case against me with reason being that I am not ready to live with her.
