regarding divorce requirements
vaishali
(Querist) 15 October 2009
This query is : Resolved
i am married for last 3 months and our marriage is already on verge of divorce.
my husband wants to seek divorce due to my health related problems. what are the genuine reasons one has to prove in court so that a man get a divorce from his wife regarding my case. i dont' want to take divorce from him. Please help
adv. rajeev ( rajoo )
(Expert) 15 October 2009
u wont get divorce because just 3months back you are married.you have to wait for one year to get the divorce.
only health is not good is not a ground to get divorce, there is deases prescribed in the hindu marriage act to get the divorce.
vaishali
(Querist) 15 October 2009
Very much thanks for your prompt reply.
can i get your personal id so that i can get help from you.
also can i get information on internet regarding the diseases presribed in the hindu marriage act.
Sir i am very much worried because my in-laws have already sent me to my mothers place.
joyce
(Expert) 15 October 2009
Dear Vaishali, as MR Rajeev said till one year no divorce petition is entertained in the court of law. If ur husband takes any ill-health ground in his petition then he has to prove it beyound doubt with all medico-documentary evidences,cruelty, impotencey, adultry, are some important amoung other grounds.write letter to ur husband telling him to take u back to in- law- home and show ur willingness to join him and stay with him happily n peacefully.
Sachin Bhatia
(Expert) 15 October 2009
The court may, upon application made to it in accordance with such rules as may be made by the High Court in, that behalf,allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
In your case your husband needs to prove some exceptional depravity on the part of you to get divorce before one year.
Raj Kumar Makkad
(Expert) 15 October 2009
I do agree with Sachin but this is aplicable only in the most exceptional cases and your case doesn't seem like that so one year period is must to file divorce petition by your husband. Meanwhile try to take treatment of your disease, if such exists, however, this is not a fit ground unless it affects sexual life.
