Divorce
5 years ago
I am writing on behalf of my friend. She has got married 2 weeks before. From the start she wasn't ready for her marriage as she was aware she going to face compatibility issues. However, family and her spouse were not agree. Now as she got married situation become tough for her. Is there any way they can get separate ? If yes how will this process take ? Note again husband is not ready for this. I
Shreyash Mohta
Responded 5 years ago
However there are special conditions of cruelty whereby you can take divorce. As is already mentioned that the husband is not ready to give divorce there are just two options left..
1. Convince the husband for a mutual divorce [best possible way].
2. Contest the divorce by proving cruelty under the special grounds of taking divorce.
You can also start living separately but then the divorce will not be in your favour as you will not be entitled to maintenance or alimony. If in case you do not want maintenance and alimony, you can start living separately and then the hudband himself will file for a divorce.
Thanks and Regards
Shreyash Mohta
Divorce with mutual consent is the only solution left out for you.
Once the husband agrees then it can be sorted out withing 6 months.
Shanti Ranjan Behera
Advocate
They can go for mutual divorce and the consent of the husband must be taken by using any known method. The cooling period of 6 months may be waved off as per following SC judgment.
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Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...
http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/
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Anonymous
Replied 5 years ago
But Sir as I said her husband will not be agree for divorce, even there will be family pressure on her. In extreme condition is it okay for her to stay away from his home and then file on based of desertion.
Sunil Kumar Singh
Responded 5 years ago
File petition in Court
Consult to token amount
Discuss it
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