To expert lawyers,
Hi,
I would like to learn about process and law which allows one spouse to get divorce in the event when other party is not willing to settle the matter. Is there a law which allows considering granting divorce based on some strong facts about harassment and domestic violence towards her spouse?
I am aware of Mutual consent petition and also aware of contesting divorce petition which is filed by petitioner under section13 (1) (i a) of Hindu Marriage act, 1955.
Background of the issue is that my friend’s husband has done domestic violence towards his wife while staying abroad in addition to his involvement in adultery. He has been indicted of Criminal offence in that country. To avoid punishment he runs away to India and filed divorce under section13 (1) (i a) of Hindu Marriage act, 1955.
There have been several efforts to settle this matter under 13 B, but petitioner not willing to settle under 13 B, in the essence he is using harassing respondent via legal proceedings.
Current stage of proceeding in court - Respondent is contesting this case, but petitioner on purpose delaying the process by taking medical leaves or taking long hearing dates and also threating respondent on various levels.
Now respondent is looking for solution to get divorce or get this matter settled under 13 B or any other possible way without dragging court proceeding for longer period.
Kindly advice on possible law which allows respondent to get divorce.
Thanks,
Astha.
