Anonymous
Asked December 19, 2016

Divorce

  • 6 Answers
  • 1133 Views

i am a hindu married woman meri shaadi ko 1 months ho gya hai.main apne husband ke ghar se bina bataye chali aayi hoon aur main apne ghar pr bhi nahi gyi hoon aur main usko divorce dena chahti hoon.agar wo police complain krta hai to police mere against kya action legi aur main kisi bhi halat me uske pass nhi jana chahti hoon.pls help me for better fr life.aur main kisi aur se pyaar krti hoon .pls apna fee bhi mention kr de.

Answers 6

Dear Mam, You should go to police before your husband. After police takes action, also file a case for divorce. Thanks
Agree Comment 0 Agrees almost 4 years ago

Madam 

As per law aap divorce file nahi kar sakti kyo ki aapki shaddi ko ek saal nahi hua hai. Aapke pass koi ground nahi hai filal divorce file karne k liye.

Madam at this moment you have to wait 

Agree Comment 0 Agrees almost 4 years ago

Hello 

Mam first you need to lodge a FIR in police against the husband. Or usme bhot strong points ke saath kyu aap unke saath nahin rehna chahti. Or ek complaint aap women cell mei bhi daal sakti divorce ki on the ground of cruelty, domestic voilence etc. isse aapke husband and unki family par pressure banega.

Agree Comment 0 Agrees almost 4 years ago

We do not know the reasons for which you wish to get a divorce.

Please note that you will not be able to file for divorce since your marriage is only one month old. A minimum of 6 months need to pass in order for you to be able to file for divorce. 

 

If the reason why you do not want to live with your husband any more is because he is committing acts of domestic violence, then you can file a complaint of domestic violence before the Protection Officer (PO), to the Service Provider, the Police or the Magistrate directly. Usually, the complaint is sent to the Magistrate Court by the PO, the Service Provider or the Police.

However, if you do not wish to initiate legal proceedings against your husband, after accessing the Service Provider, PO or the Police, you and your husband can directly avail joint counselling. This option is not provided in the PWDVA rather S. 14 of the Protection of Women from Domestic Violence Act, 2005 [1] (PWDVA) states that the Magistrate court may, at any stage of the proceeding, direct counselling for the parties.

 

 

Additional information regarding grounds of divorce:

If you have registered your marriage under the Hindu Marriage Act, then these are the grounds for divorce under Section 13:

1-Adultery

2-Cruelty

3-Desertion

4-Conversion

5-Unsoundness of mind

6-Schizophrenia

7-Virulent and incurable leprosy

8-Venereal disease in communicable form

9-Entering new religious order

10-Presumption of death

 

If you have registered yourself under the Special Marriage Act, then these are the grounds under section 27:

1-voluntary sexual intercourse with any person other than his or her spouse

2-deserted for a period of not less than two years immediately preceding the presentation of the petition

3-undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or

4- Has, since the solemnization of the marriage, treated the petitioner with cruelty; or

5-Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Alternatively, Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent. The Period of separation is 1 year. However, conditions required are:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

 

Similarly, Section 28 of the Special Marriage Act, 1954 provides for divorce by mutual consent.

 

[1] Available at: https://indiankanoon.org/doc/1723520/.

 

 

Agree Comment 0 Agrees almost 4 years ago

Madam,

You can better talk to your husband and tell him that you want divorce and tell the valid reasons that you love someone else and your marriage was against your wish. Though there is no doubt that you have committed big blunder and have, to some extent destroyed your life as well as of your husband. But now the option available with you is to take mutual divorce. But do not live with the person you love as your husband can file case against your lover for adultery.

For further help you may contact at 9899160095

Abhishek Choudhary

 

 

 

 

Agree Comment 0 Agrees almost 4 years ago

Hello,

You does not have any ground to file divorce petition against your husband urgently.  As per legal provisions you have to wait for some time.  It is better that you should talk to your husband for filing mutual consent divorce petition.  In case of mutual consent divorce petition also you have to wait for one year.

Thank you. 

Agree Comment 0 Agrees almost 4 years ago

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