Dear Sir/Madam, this is with respect to my friend..he got married about a year ago. Now he is seeking for divorce.. he is having physiological issues. he always wants to be alone. even they stay in same flat..they will be 2 separate bedrooms. no communication. .not only his wife..he does not like any of his family members to be with him..he says he gets scared and his bp goes up when his wife approaches him at nights for sexual intimacy..Looks like he never touched her till date...we are confused on what to do. As I feel, it is not advisable for for the to stay together...cause even if we force them to stay together...it will be the same situation continues between them..the girl should get her life settled.. He in-fact wants to get separated after 3 months of marriage....but we have requested him to wait for sometime ...1 year over he still like that...I am not seeing any positive reactions even after a year..We are all planning to meet his wife and her parents to resolve this matter and separate them..Incase he wants to apply for divorce on health grounds , is that possible...
Hello,
No, he can not apply for divorce because he is not in good health. This can be a ground of divorce for the wife as per the Hindu Marriage Act.
Best option will be to talk to the wife and settle the matter amicable and get mutual consent divorce.
Regards
Best option is to file for divorce by mutual consent
2) mutual consent divorce takes 6 months to be disposed of
3) contested divorce proceedings take 5 years
4) pay wife alimony and return her stridhan
See in case he is having any issue first it would be better to take him to doctor try that he can be cured of any mental or physical issue he may be having, Then if the problem is not resolved the best way would be mutual divorce as both wont waste time in legal proceedings and there wont be any hazel.
Contested divorce as such cannot be on health grounds cruelty or desertion as these grounds as under section 13 only divorce can be applied so better if they both mutually agree to divorce in that no reason is required.
If both spouse are agreed they can file MCD.
The Hindu Marriage Act, allows for a divorce by mutual consent under section 13-B. A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least a year and have mutually agreed to dissolve the marriage.
Not open for him to apply for his divorce from him wife, on the ground of his own health issues; rather it is for the wife and apply for divorce on the ground of mental health of husband.
Best way out, is that your friend must discuss this issue with his wife and her family and work out the possibility of a mutual consent divorce.
Dear Sir
He can apply for divorce on major health grounds. He is bound to give alimony to the wife.
In my view looking at the facts of case. I advise you to talk to both spouse and advice them to get seperated by way of divorce by mutual consent(if they want to get seperated). Divorce by mutual consent is quick and there will be no question of maintenance and alimony.
Divorce is also granted on the basis of health issues like your friend's but the person who can file for divorce is his wife. Your friend can not file a divorce petition alleging is own health issues.
Your friend can obtain divorce on the grounds of non-consumation of marriage. His wife can seek dissolution of the marriage on this ground, plus she can also give her consent and obtain a Mutual consent divorce from her husband. This will be easy and painless.
If both are ready for the divorce than mutual consent divorce can be filed before the family court under section 13(B) of Hindu marriage Act-1955.
Feel Free to Call
1. One cannot file a petition on the ground that he is unhealthy or mentally unfit to stay married. A divorce petition is filed on account of the omissions and commissions of the other spouse, not self.
2. The most efficacious remedy for your friend is to dissolve the marriage by filing a petition for mutual consent divorce in which no allegations or counter allegations have to be made.
As they are living in the same house even if they are living in the other room it is really difficult to prove that I have no relationship and in case is separated now it will take another six month to file a divorce petition on the grounds of non compatibility.
he can can either opt for mutual consent divorce or divorce on the ground of non-consummation of marriage.
