Xparte

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You can file an ex parte divorce petition without the permission of your husband. However, the Court will be bound to send a summons to your husband informing him that you have filed such and such petition in court and telling him to attend the proceedings. There is no point in filing without telling the husband, since he will come to know about it originally. The grounds for divorce vary according to the mode of the marriage, i.e. under what law the marriage has taken place. Most divorce proceedings proceed under any of these following grounds: Adultery, Cruelty, Desertion, Conversion to another religion, Mental disorder, leprosy, Venereal Disease, Renunciation, Not Heard Alive, No Resumption of Co-habitation, The husband’s whereabouts are unknown for a period of four years, fails to provide maintenance to the wife for at least two years, has been under imprisonment for seven or more years, is unable to meet the marital obligations or indulges in acts of cruelty. Non-consummation of marriage within one year and 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.

Further, 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. If the girl is married before fifteen and decides to end the relationship before she turns eighteen.

It would be advisable that instead of immediately filing for an ex parte divorce, you go for a mutual consent divorce if that can be accepted by both the spouses. If that cannot be arranged, then you can approach the court and ask for a unilateral divorce, which can be contested by the husband. Since you wish to file without the husband's permission, it is highly likely that the husband will fight against the divorce plea. I suggest that you consult a top notch divorce lawyer who will help you in drafting a solid petition and fighting your case in court.

Regards,

Advocate Ashok Kumar; www.lawkonect.com