can we ask for divorce.

If there is no chance to bring a change in him through proper counselling and mediation,she can file for divorce.If there is no response from him for the divorce,the court will declare ex partee.

Originally posted by : kumar
	My sister who got married on 1998 having a daughter aged 19. Worked as a teacher in a private School. Her husband sitting simply in the home and not earning anything and spending the money from my sisters salary and giving mental and physical harassment. she and her daughter came back on 2004 saying she can't tollerate. After 2 years (2006) we convinced him and let him back with her husband. And again after 2 years she came back stating that i couldn't live with him any more. Now her daughter is studying ug 1st year. She is also n intrested to stay with his father. Again we tryed to convince my sister.But she is saying can you get divorce from my husband or if you all feel me as a load I'll leave from here with my daughter. What to do if her husband refuses to give divorce. My sisters things are with them. Can we get a divorce immediately or we have to wait. What to do in this situation.

Hi Komar,

Please do not mistake me.  You are the problem here.  Not your sister or her 19 year old dotter. You might ask why? The answer is, girls after getting married always expect husband house to be as good as the mother house or here in this case brother’s house, which they wont be.  In mother house or your house she be treated as queen, but same she though can expect at husband house, not necessary that all treat her alike her mother and brother.  So fault finding and running back to mother’s house and or brothers house becomes a day to day saga.

Until the day you are there to receive her whenever she has a problem with her husbands house, this wont stop and has led to this point.

Divorce looks good when there are vast differences during initial days of marriage and not when the couple have a 19 year old daughter.  This is the time to be together and not to file for divorce, get the daughter married to suitable boy rather than parents getting divorced.

You have to tell your sister to go join her husband at least until the daughter is married off.  Coz any move like divorce will create problems marrying the daughter off.  Boys side will only think, if mother of the daughter can get divorce at this age, then what might be the consequence of marrying such mothers daughter? She will also ask for divorce too.

Answer for your question is, if her husband agrees to give divorce, she get divorce in 6 months ie u/s13 B.  If he does not relish giving divorce and does not want to give divorce, it may well take 8-10 years for your sister to get divorce, as nobody can force him to give divorce if he does not want to give, not e1 the court.

So think and take decision.  All the best.

-Gyan Prakash

Gyansir,

Agree with you but as per the statement mentioned hunsband harashed her sister this is 1 ground to apply for divorce to his sister, can use this if she want divorce from his husband right? hopy you under stand law is equal for all if her husband is right then why dont understand her mental stress?, why he dont work any where to help his family?, why using her mony to complete his requirement? is any answer all this are the grounds also 

If partners not happy with the married life and they can't complete each others requirements and expactations they can apply for the divorce here in this case many grounds available for divorce.

Sainath sir correctly suggested to go with the counselling and mediation treatement