Ananya Gosain
30 August 2021
In case your wife is not agreeing to a mutual divorce and you seek permanent separation, in terms of Hindu religion, there are two options- Judicial separation and Divorce. Judicial separation gives both sides to a strained marriage some time for introspection, so that termination of a marriage by means of divorce may be prevented.
A divorce petition can be filed in the court by you, keeping in mind Section 14 of the Hindu Marriage Act states that no petition of divorce could be filed within the first year of marriage. The one filing the petition, here you, will have to prove to the court that at least one of the grounds for divorce is fulfilled in your situation. Section 13 declares grounds for divorce. they are as follows-
(i) voluntary s*xual intercourse with any person other than his or her spouse after solemnization of marriage;
(ii) Cruelty
(iii) Spouse deserted the other spouse for a continuous period of not less than 2 years immediately preceding the presentation of the petition;
(iv) Ceased to be a Hindu
(v) Unsound mind
(vi) leprosy
(vii) venereal disease in a communicable form
(viii) Renunciation
(viii) Presumed dead for more than 7 years
You can also refer to my reply on a similar query at: https://www.lawyersclubindia.com/forum/divorce-notice-219641.asp
