Hindu marriage - divorce
CA Ayush Agrawal
(Querist) 13 March 2013
This query is : Resolved
Dear Experts,
This query is for my friend and is in Regard to Hindu marriage Act.
My Query is:-
Suppose One Get Married Just 3 Months Back, Now Girl is Not Happy with her marriage and want to take divorce (due to behavior of boy).
Can they take divorce mutually if boys agrees.
Also tell me if boy dont agreed and say that he will not give divorce, then what is the procedure.
One said me that 1 year after marriage one can get divorce.
But if they mutually agrees then is it possible ??
Advocate Sastry
(Expert) 13 March 2013
The law says as under and you can interpret the same:
Quote-
13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.] --Unquote
I seek other experts to give any changes or interpretation of law by courts.
prabhakar singh
(Expert) 13 March 2013
One year wait is a compulsion of law which can not be avoided in any circumstance,so is also about 6 month mentioned in 13 b(2).
prabhakar singh
(Expert) 13 March 2013
I have deliberately not mentioned that in very rarest circumstances Apex court may condone the rigor of 13 b (2).
R.K Nanda
(Expert) 13 March 2013
agree with Prabhakar Sir.
CA Ayush Agrawal
(Querist) 13 March 2013
Sir,
It Means They Should Wait for Atleast 9 Months Further to File Petition. (Since 3 Months Already Have Been Passed).
In Between, can't They Get Second Marriage.?
How Much time It will Take After Completion of 1 Years for All legal Formalities and proceedings.
CA Ayush Agrawal
(Querist) 13 March 2013
One More Thing Sir,
They have Not Yet Registered Their Marriage.
This Above Point Will Make any Change in Your reply ?
prabhakar singh
(Expert) 13 March 2013
It Means They Should Wait for Atleast 9 Months Further to File Petition. (Since 3 Months Already Have Been Passed).
CORRECTLY UNDERSTOOD.
In Between, can't They Get Second Marriage.?
NEVER NEVER AND NEVER.
How Much time It will Take After Completion of 1 Years for All legal Formalities and proceedings.
IF MUTUALITY REMAINS NOT LESS THAN 6 MONTHS SUBJECT NOT MORE THAN 18 MONTHS DEPENDING UPON BUSINESS OF COURT TOO.
prabhakar singh
(Expert) 13 March 2013
One More Thing Sir,
They have Not Yet Registered Their Marriage.
This Above Point Will Make any Change in Your reply ?
NO! IT WOULD NOT CHANGE MY REPLY.
HINDU MARRIAGES ARE TO BE CEREMONIALLY SOLEMNIZED AND THEN TO BE REGISTERED AND EVEN IF NOT REGISTERED IT DOES NOT RENDER A MARRIAGE IN VALID.
CA Ayush Agrawal
(Querist) 13 March 2013
Thanks Sir For Your Prompt Reply.
Though Sir You have Cleared My Almost All Doubts, Still I have to ask one thing.
Is There any Way in Law That She will start her normal life (I Mean Getting married)...as soon as possible.
suggest any reason that we can give to get divorce at an earliest.
Because as You said It Will Take further At least 1.5 Years (9 month wait + 6 months court)to get marry (in case if settle all mutually)
CA Ayush Agrawal
(Querist) 13 March 2013
I Know "Law is Afterall law"...
But Still Question Came in My Mind..
Taking Divorce is Very Much Complicated in India.
Devajyoti Barman
(Expert) 13 March 2013
You are posting queries even after getting your query duly resolved.
To know answer of your last query you better ask the law makers sitting in Parliament or read Law Commission Report.
CA Ayush Agrawal
(Querist) 13 March 2013
Mr. Barman,
I Have Already Written That I Know, Law is after all law.
If You Cant Reply Then Pls Dont Comment Here.
Even I am Also Expert and CA, I also do replied Various Queries Related to Our profession in CaclubIndia. But Never Ever Talk Like This...What ever You did.
Devajyoti Barman
(Expert) 13 March 2013
You are advised not not post irrelevant queries.
In my post your would get reply to your last query as well.
CA Ayush Agrawal
(Querist) 13 March 2013
Pls Check My This Query:-
as Per My Knowledge This is Not Irrelevant.
Thanks Sir For Your Prompt Reply.
Though Sir You have Cleared My Almost All Doubts, Still I have to ask one thing.
Is There any Way in Law That She will start her normal life (I Mean Getting married)...as soon as possible.
suggest any reason that we can give to get divorce at an earliest.
Because as You said It Will Take further At least 1.5 Years (9 month wait + 6 months court)to get marry (in case if settle all mutually)
prabhakar singh
(Expert) 13 March 2013
Mr. CA Agrawal!
It is not in the wit of things that being a professional you quarrel.C.As too are half advocates while advocates may not be accountants.Then as C.A. you might be confronting fiscal laws which could be a question from an individuals point of view.
It is not the law that comes first,rather continuous on going changes in socio - economic factors causes law to change.
It would not be correct to conceive that we are not progressing towards making divorces easy,may be one finds them still a little rigorous comparing laws in other geographies. At one time, India used to have one of the lowest divorce rates in the world. Being a society largely based on a traditional value system, couples were both legally and socially dissuaded from seeking a divorce. However, socio-economic changes complemented by legal reforms in the last half a century, have enabled partners, especially women, to opt out of unequal and abusive marriages.
The wave of globalization in the nineties ushered in further changes in the Indian social institutions, especially in urban areas. Couples living and working in cities and metros, were exposed to more economic and relationship options, which prompted them to break out of unsatisfactory or unequal marriages. However, the divorce procedure in India continues to be one of the most protracted in the world, especially in cases where either party contests the divorce.
It is in this back drop of the matter that we have to live within what we have provided to ourselves as law over the subject of divorce.What you aspire as law should be on divorce may also come in future.
But just now you shall have to bear it's pain.There is no escape at all.
Devajyoti Barman
(Expert) 13 March 2013
It appears it is quite difficult to quench the thirst of the gentleman on some issues which is not supposed to be discussed here.
You better post this in Forum which is a discussion platform on any socio-legal issues.
CA Ayush Agrawal
(Querist) 13 March 2013
Thanks Prabhankar Singh Sir For Your Reply.
@Mr. Barman - Thanks for your nice reply.
Raj Kumar Makkad
(Expert) 13 March 2013
There is no end to this 'endless' discussion because the querist know law always raise but, if , etc. which have nothing to do with the advice of the experts so on my side nothing is required to be replied.
V R SHROFF
(Expert) 11 April 2013
Law cannot change by repeated Discussion
