Querist :
Anonymous
(Querist) 14 June 2011
This query is : Resolved
My friend is married last month to a person who threaten to kill her & to any other person who will marry her.Out of fear & under her mom pressure, she married her. After marriage she & her husband have a quarrel every single day. They do not have understanding at any level. She want a peaceful life which she think will never get from her husband. He always shouts at her and tell lie even at petty issues. She says that her life has gone in vain. She want divorce but her husband does not want to leave her. Under Hindu Marriage Act a couple cannot seek divorce within 1 year. Every single day is a mental torture to her. She constantly weep in this situation. Whether she can go for divorce without her husband consent & any legal battle & if so, what is the procedure, please save her.
PALNITKAR V.V.
(Expert) 14 June 2011
she can file application for waiver of condition of 1 yr and file divorce petition.
prabhakar singh
(Expert) 14 June 2011
one can also proceed under D.V.Act.
n.k.sarin
(Expert) 14 June 2011
I do agree with the expert.
Sachin Bhatia
(Expert) 14 June 2011
He can obtain divorce under section 13 of H.M. Act on the ground of cruelty.
Devajyoti Barman
(Expert) 14 June 2011
If the marriage is more than 1 year old then she can asks for divorce and maintenance as well though under separate provisions of law like under DV Act, sec 125 crpc etc.
Snehal
(Expert) 14 June 2011
she can file divorce within one year of marriage on the ground of Exceptional Hardship as prescribed in the rules framed by high court under HINDU MARRIAGE ACT.
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