What are the admissible grounds for divorce under HMA 13(1)? The petition title says that it was filed under HMA 13(1), and there are no further subsections of HMA 13(1).
swasti (Manager) 24 October 2012
What are the admissible grounds for divorce under HMA 13(1)? The petition title says that it was filed under HMA 13(1), and there are no further subsections of HMA 13(1).
Raja (XYZ) 24 October 2012
why dont you search google and get a copy of HMA for your reference....!
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 October 2012
GROUNDS OF DIVORCE AS PER THE HINDU MARRIAGE ACT
(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-
(i) 1[ has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse; or
(iii) 1[ has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-
manno (owner) 26 October 2012
Mr. Chugh,
thank you for giving me the ref for Mr. Sethi. I was going through your replies when this one caught my attention:
My husband has alleged that I am of unsound mind. Yes , I have been depressed because of my marital problems, so much so that I had a panic attack once which my husband has mentioned in his petition.
He's had access to my phone when I wasn't suspecting his intentions, and may have sent himself sms's saying that I will kill myself, etc.
Nobody wants to keep an eye and suspect their spouse's moves because it further ruins a marriage. will this explanation stand in court?. He's alleged mental cruelty. He has many human (so-called) witnesses on his side. big khaandaan. They will definitely side with him. I on the other hand has just sms and chats . I obviously could not take my family to live with me in my husband's house.
He's goaded me and troubled me so much . The mental torture was crushing me. anybody who is pushed beyond their breaking point will get depressed.
I don't know if the judge will understand me. I have spoken no lie. I have proof tht show my intentions in this marriage. I am even not alleging any made-up charges against him like he has. But, I am extremely afraid.
rajiv_lodha (zz) 27 October 2012
The contested divorce wil take ages fro him as u have decided to block his way. So relax, he wont get out of the loop so easily.
Meanwhile as per ur post, he has been cruel to u rather, u have lost trust in him too.....................WHY NOT THINK OF MUTUAL CONSENT DIVORCE??
ANEESH TRIVEDI (ADVOCATE) (Advocate) 27 October 2012
RAJA sir see the difference please dont mind the reply from Bharat sir and from You,
everything is available on google every one no but people posting there querry here because still they have trust on LCI ,
if you can reply them please reply dont ignor their queries like that , some time poeple ask foolish like if i kill some then i get improsionement is life time or 10 years?
so please solve them, if not them dont take this much pain also to tell them to search on google.
sorry if you get hurt. but see the reply difference yours and bharat sirs.
manno (owner) 28 October 2012
mutual is not an option. no one should be allowed to use and throw people so easily. its extremely disrespectfull.
however,
rajesh (asdadad) 29 October 2012
I have my own story to share with you all .... my FIL is arrogant and he incites my wife to be highly career oriented and forget the meaning of good married life .. My wife is also somewhat imature , i dont know if she acts like that or she really is ... There are so many missing strings in our relationships which neither my wife nor her parents wants to focus upon ... We got married on 18th June 2011 and started our family life on 3rd July 2011 ( there was only both of us in Pune at that time while my parents were living in my 100 KMs away hometown) During marriage we didnt ask for any dowry neither we were in favor of that ... but from that day onwards , it was a complete torture for me .. from 3rd July to 29th Dec . she stayed with me only for 2.5 months and also in that period , her parents were constantly in touch with her through phone like they daily used to call her for 3-4 hours ....
Then one day her sister told me about a job in Mumbai and asked me to switch to Core engg job from IT field .. Before my wife ran away on 29th Dec 2011 , 15 days ago she again called me and abused me for taking my wife to my parents place on weekly basis or once in 15 days ..
After my sucide attempt on 8th Feb 2012 , she returned back and got a job on 12th March 2012 but again she started complaining about her so called hectic schedule ..blah blah ... and when it was confirmed that she is preggy by 6 week and 6 days on 19th May 2012 .. she started creating scene and after 3 days she sent me a SMS telling me her decision to abort the child ... on 3rd June her dad , brother came and took her away to their place giving false promise of sending her back ... When I asked him to send her back he told me about his decision of giving divorce to me .. When i went their place for negotions , he threatened me and my father for lives and thrown us out ..on 30th June he came and took away all the househole items .. After this whole drama started off and he started abusing my parents, brother and me and asking my parents to force me to agree with his decision otherwise he would file DV cases , dowry cases etc etc...
I sent her a lawyer notice for coming back to my home within 7 days on 14th Aug .. but her dad replied through a lawyer notice asking for a divorce .. I stayed calm for a month which irritated him and finally on 29th Sept he filed for a divorce petition in Buldana( MH ) court which recieved on 20th Oct and i am summoned to the court on 3rd Nov 2012 ..
I have given just a summary of whole happenings here but for a further understanding of whole nonsense ,you can read my blog .. And guide me
shriks........... (healyhcare) 11 February 2013
its u who shd decide what u want...
if you want continuation or prolongation of his proceedings file rcr sec 9 hma and deny his allegations in divorce then wait for few months,,,,
u obviously have to wait as the proceedings in courts take time.....
see wats their stand, think, analyse and then discuss with lci forum again.....
let some time pass maybe few months then the picture will automatically be more clear and vivid to u urself....
Nitin (Law) 11 February 2013
If the marriage was under force then also it can be dissolved.Please note this works if the Hindu marriage was only ceremonial and not yet registered.
Hindu ceremonial marriage can easily is dissolved under forced marriage.
Please search for the case of Mr Nagri and Ms Chapal for more details.