Seeking for divorce

Dear Querist,

No one can file divorce within one year of his/her marriage untill unless there circumstances arrived too hard to live together. 

Wait for another 6 months, file divorce petition.

Dear Experts,

Thnx for the prompt reply

 

Regards

Dear querist, No one can file divorce petition within the one year of solemnisation of marriage as per as sec.14 of HMA. The court may, upon application made to it in accordance with such rules as may be made by the HC in that behalf, allow the petition to be presented on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.

@Querist,

 

1.First and foremost duty of yours is to save the marriage by few compromised between you and your wife.

 

2.If 1 becomes impossible,wait for at least 1 year for 'Judicial Separation'.

 

3.If 2 doesn't work,wait for further 1 year and go for decree of divorce.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Dear Helping hand,

What would the possibilities of divorce if wife is not ready for divorce and want to stay with the husband

 

Originally posted by : vineet
	Dear Helping hand, What would the possibilities of divorce if wife is not ready for divorce and want to stay with the husband

Read through:

 

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

• If the husband has indulged in rape, bestiality and sodomy.
• If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
• A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
• If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.

• The husband’s whereabouts are unknown for a period of four years.
• The husband has failed to provide maintenance to the wife for at least two years.
• The husband has been under imprisonment for seven or more years.
• The husband is unable to meet the marital obligations.
• If the girl is married before fifteen and decides to end the relationship before she turns eighteen.
• The husband indulges in acts of cruelty.

Let us check out the following grounds of divorce mentioned under the Indian Divorce Act, 1869.

• Adultery
• Conversion to another religion
• One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
• Not been seen or heard alive for the period of seven or more years.
• Failure in observing the restitution of conjugal rights for at least two years.
• Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
• Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.

• Continuous absence of seven years.
• Non-consummation of marriage within one year.
• Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
• Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone s*xual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.
• Adultery, bigamy, fornication, rape, or any other type of perverse s*xual act.
• Act of cruelty
• Suffering from venereal disease or forcing the wife into prostitution.
• Sentenced to prison for seven years or more
• Desertion for two or more years
• Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

what ever the circumstances and what ever sepcial you are court will not grant divorce to any citizen in india before one year because ou law has given minimum one year to be husband and wife if not then only you can file the divorce and you will succeed 

so prepare for the d day after 6 months till then enjoy the torture right now you having 

Dear Mahesh Sir,

 

The problem with me is that i cant even beat her as my morality doest allow me to do the same, whatever she is doing may be because of insane mind or may be under influnce of some one but the thing is that whatever she is doing immediatly she is putting blame on me, suppose she abuses me after few mins she said that why i was abusing her, she asked me to do the domestic work after giving example of her father like my father does work at home, he prepares food also, he cleans the house some time fills water into the cooler also, she generally says that at my homei.e. her "MAIKEY" her father is doing the domestic works the same thing she wants from my end also,

Now my life has become miserable only waiting for 1 year to complete.

If any gound can be made from my end for fighting for divorce even she will not accept what would be my ground as per above incidents.

Regards

Originally posted by : vineet
	The problem with me is that i cant even beat her as my morality doest allow me to do the same, whatever she is doing may be because of insane mind or may be under influnce of some one but the thing is that whatever she is doing immediatly she is putting blame on me, suppose she abuses me after few mins she said that why i was abusing her, she asked me to do the domestic work after giving example of her father like my father does work at home, he prepares food also, he cleans the house some time fills water into the cooler also, she generally says that at my homei.e. her "MAIKEY" her father is doing the domestic works the same thing she wants from my end also, Now my life has become miserable only waiting for 1 year to complete. If any gound can be made from my end for fighting for divorce even she will not accept what would be my ground as per above incidents. Regards

All this needs adjustment.

If life looks very miserable to you now, file divorce petition and see how your life will change.

You will be wondering, whether life was miserable living with her or ilfe is miserable roaming to court halls, paying money to laywers, to her, 

If you raise hand on her, you go inside and cool your heels for a very long time.

Adjustment problems?  Good, cannot adjust, part ways via MCD.  

With her or without her, life is a misery, write it down somehwere, read it daily 100 times.

Live with her or leave her, misery is written on your forehead!

 

And the above not only applies to you, but to each and every bakra who is a husband in India.

It is not possible to follow such grounds in compatibilty can also be ground for divorce you are not com fortable with your wife thoughts and compatibilty are not in line you can file for divorce petition . Things have changed if there is no compatibility no ground for divorce you wait for 6 monthss , in next 6 months you try to be compatible with her try to express what you can do to stay with her . but still things dont change post 6months file divorce petition stating things are not working compatiblity is not there try make grounds for compatibilyty failing on those grounds you can file for petition . You have right to liberty if you are not happy in marriage no point continuing wasting two life better file for divorce .

Regards,

Adv. NIKHIL SETH

Mumbai .

Thnx for ur valuable comments Nikhil Sir,

So i can proceed once  1year of my marriage will compelete, i have tried to adjust with her in all the ways but she wants dictatorship, thats why iam unable to continue this.

regards

Even if u have decided to part ways, remember one thing....CONTESTED DIVORCE FILED BY HUSBAND IS VERY VERY DIFFICULT IN INDIA!

So many ppl are paying price in the form of 498a/406/DV cases when they raised this divorce alarm!

So think again n again that u r living in this gr8 country, ur marriage is short lived, u dont have enough proofs yet..............filing divorce wil increase the mess further.

Try to sattle matter in EITHER WAY amicably via elders

Thanks Rajiv Sir,

 

I have tried this thing also, but her parents specially her mother dont wanna understand any thing, they simply says my daughter is not wrong, she warns me yesterday that i will see you as well as ur family members,

i dont know what to do now, i tried to save my marrigae from so many ways whenever she shouts, scolds etc. i hardly reply for those although some time it become very difficult to remain silent, but now i cant able to remain silent, thats why i have opted this forum to seek guidance & suggestions of all the experts.

 

Regards