need help on sec 13
Gaurav
(Querist) 08 June 2013
This query is : Resolved
I stay with my wife at my mothers place for last 1 year. I tried living on rent also with my wife for 2 yrs but she likes to quarrel n shes very doubtful nature n always doubts me having an xtra marital affair. She doesnt gel wel with mom too n always finds reasons to fight. She has now stoop down to a level of bad mouthing abt my mothers character n says I sleep with her.....I have sms proof n voice recordings of she saying this....my argument is ......god cant b everywhere so he created mother do mother is equivalent to god.... if someone abuses my god y should I even think of staying with tat person. Can I divorce on sec 13 n which sec under it... n can my mom immediately throw me n her out of her house as she is a threat to her now.. n on my this argument can I skip d mediation session n directly ask for speed divorce.plz suggest asap.
Regds
Gautam
Raj Kumar Makkad
(Expert) 08 June 2013
The allegation levelled by your wife is most serious against you and your mother. Your mother should immediately file a suit for injunction against you and your wife and you should file a divorce petition under section 13 (i)(ia) of HMA. You shall have to attend conciliation proceeding but can clearly tell there that no compromise can be made on such serious issue.
Gaurav
(Querist) 10 June 2013
what does 13 1 (1a) imply
Rajendra K Goyal
(Expert) 10 June 2013
Brief language is as under, details can be had from net:
13 –
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ii) has ceased to be a Hindu by conversion to another religion; or
(iv) has been suffering from a virulent and incurable from of leprosy; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
1[13A. Alternate relief in divorce proceedings. —In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.]
