• Divorce from husband

Its been 8 months of my marriage, because of different job location till now we have been staying separately. Through phone and few meetings i have came to know that my husbands and my life style doesn't match... I feel very depressed,irritated and burdened with him. Our understanding & maturity level also doesn't match.I dont want to adjust and suffer Like other arranged marriages which i see in my family. My interests and desires from my life is very different. I have a younger, I waiting for her to get marry and then planning to talk to my parents for my divorce decision. Please suggest how to convince parents for it and also how much time it can take to get divorce. I am working in IT industry so I am financially very much independent. I dont need any money from him. I have decided to take divorce. Please suggest me how to proceed for it and maximum how much time it can take.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Hi

In response to your post, it is your version.

You better talk to your husband and preferably have a family counselling. Share your mindset with him.

The same being very sensitive issue act with utmost care and caution.

Pursue your option with your husband, try and convince him by sharing the pros & cons of your issue and request him to go for Mutual Consent Divorce (MCD).

Before taking the final call, give it a second thought.

If everything goes according to your plan, file MCD it may take around six months to one year time.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) you can file for divorce on grounds of mental cruelty

3) contested divorce proceedings take 5 years to be disposed of

4) best option is to file for divorce by mutual consent

5) it takes 6 months

6) you have to stay separate for period of one year before filing for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Respected mam..

You have to look these things prior to marriage but yet it's not late mam you have a option to talk to your husband and ask him to be as you but relationship doesn't matter for change in each other ...Mam you have number of option left if you made your mood clear cut...If your husband is agree and willing to give yo divorce than you can go through section 13-B of HMA if he is not ready you have to file a petition under section 13-A of HMA and you have to mention those reason for which you are leaving her ...It will take max tim upto from 6 months to 1 year ..

Thanku

Dinesh Sharawat
Advocate, Delhi
1188 Answers
8 Consultations

4.9 on 5.0

Hi

Convincing parents for divorce is nothing legal Ma'am and moreover you better know your parents ,their nature ,their attitude etc. so it should be easy for yourself to find a way to convince them rather than an Advocate telling you ways to convince YOURS parents.

For separation from your husband you can file petition under section 12 of Hindu Marriage Act ,this is for annulment of marriage(means declaring the marriage null n void) . Annulment and divorce are two different things.

Annulment is cancellation of marriage.(status becomes single again)

Divorce is legal separation. (Status becomes divorcee).

Thank You

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

Hi, Both of you agreed for the divorce, then both of you can file a Joint petition for divorce by mutual consent. Normally it will take 6 to 8 months.

Pradeep Bharathipura
Advocate, Bangalore
4656 Answers
235 Consultations

4.5 on 5.0

Hi, you can go ahead for filing mutual divorce petiton under section 13b of Hindu marriage act .. Under mutual divorce petiton the consent of both husband and wife are required .. After filing of divorce petiton , on the same day a date for 2nd motion is given of 6 months , on which a joint statement will be recorded by court and the divorce decree will be Passed

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

1. In our Country, divorce decree can be sought based on grounds acceptable by Indian law unlike western countries where 'I do not want to stay with him' may be the acceptable ground to seek the divorce decree.

2. 'My husbands and my life style doesn't match', ' I feel very depressed,irritated and burdened with him', ' Our understanding & maturity level also doesn't match', 'I don't want to adjust and suffer Like other arranged marriages which i see in my family', 'My interests and desires from my life is very different' etc. are not the grounds acceptable by Indian Acts for granting decree of divorce.

3. You can seek the decree of divorce on the ground of cruelty for which you shall have to file an application after completing one year of marriage submitting evidence in support of your allegation of cruelty on his part.

4. Since contested divorce takes around 2 to 5 years to be disposed of ordinarily, you can negotiate with him and jointly file mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

5. However, it will be prudent on your part to note that divorce is the 2nd most stressful event in one's life and you never know whether your next husband will be any better or not.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

You can file a mutual consent divorce after 1 year of Marriage and if he is not ready for mutual consent divorce then you can file divorce on the ground of dissertion and non consumation.

Mutual consent divorce will take 6 months and contested divorce will take 2 years.

You may first talk to your husband for divorce and then you may convince your parents by saying that it is impossible to adjust and instead of adjusting life time I have decided to separate.

Regarfs

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Dear Sister

A divorce is among the most traumatic occurences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage.

Best option is to file for divorce by mutual consent. Mutual divorce may take anything from a minimum of three hearings or 6 months to one year (Divorce with Mutual consent, where in a joint petition is filed by both husband and wife) to as long as 2 -10 years also or more.

But you have to stay separate for period of one year before filing for divorce by mutual consent.

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.

Also, you can talk to your parents calmly and cooling. Tell them about the problems you are facing. I am sure they will understand.

Decide who you want to talk to.

Pick a good time and place to talk.

Think about what you need.

Think of what you'll say.

Explain your situation. Give details that can help parents understand your situation. Explain what you think, feel, and want.

Be honest. If you're always honest, a parent will be likely to believe what you say. If you sometimes hide the truth or add too much drama, parents will have a harder time believing what you tell them. If you lie, they'll find it hard to trust you.

Try to understand their side. Telling parents you understand their side helps them be willing to see yours, too.

Try not to argue or whine. Use a tone that's friendly and respectful. That makes it more likely parents will listen and take what you say seriously. It also makes it more likely that they'll talk to you in the same way.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
239 Answers
3 Consultations

4.0 on 5.0

Discuss the idea of a divorce with him and seek his consent for the same.

If he is ready, you both may apply to the court for divorce by mutual consent.

The whole process will not take more than 7 months.

If he reluctant to give you a divorce, you may send him a legal notice and based upon his reply, take recourse to the most suitable legal remedies.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

As per the letter I assume that you have not lived with your husband,you said that you came to a conclusion after a few meeting and phone calls.I don't know what happened in those few meetings and phone calls to take such a decision,but I think that it's too early to think so,I think your husband is still a stranger to you,and it's too early to judge a person as you have not lived together.This is a friendly advise.

Now coming to divorce,you have to show strong grounds for separation and to file a divorce case and it depends how many years it will take to get a divorce if it is not filed mutually.if it is filed mutually then you will get divorce in six months.

Jineshkumar K
Advocate, Chennai
10 Answers

4.0 on 5.0

Dear Client,

Why u agreed to marry, if there`s no match of mind n life style.

Law dosen`t adjust with the unusual mood of candidates, With reasons above mentioned, u will never be divorced.

WELL, only solution to ur problem is, come to an amicable settlement with ur husband and convince ur parents.

Since, no fault of ur husband , cant be advised anything illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

There seems to be compatibility issue. Ideally you should give a chance to each other to make the marriage work. It can be done through mediation and reconciliation. However if this doesn’t work or looks like the marriage relationship is beyond repairs in that case you can go for divorce.

It can be by mutual consent if your husband feels the same way like you. Else you can file divorce petition from your side and if your husband does not contest then it may not take much time.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
4 Consultations

4.9 on 5.0

If both the parties are agreed on diavorce then application can be file u/s 13-b for mutual diavorce. Cooling period will be six months. This also can be waived off by file separate application. Court will decide at last.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

The decision to continue or dissolve the marriage is purely yours.

Being economically independent, you can take a decision on this and inform yor parents accordingly instead of taking permission from them or to have a discussion with them on it.

Most important that you talk to your husband about mutual consent divorce because that only can fetch you the desired result within very short time.

In fact the incompatibility is not a ground for contested divorce and it can be easily challenged by the opponent, moreover the contested divorce may stretch for years without any result and finally you will become fed up and even may think of giving up the litigation.

Take time and decide wisely without any urgency or haste

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Please send him notice seeking for divorce by mutual consent since your working don't seek for maintenance rather ask him to give back your belongings ... 6 months time, if he agrees to file divorce by mutual consent.

Swarnarka Chowdhury
Advocate, Mysore
1855 Answers
5 Consultations

5.0 on 5.0

What is his position on giving divorce to you? . If he also ready then both can go for mutual consent divorce. The process would take around 6 months.

Discuss with a lawyer.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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