Hi , kindly be more brief about your query ,,

Come to my office after taking appointment. [deleted]. ([deleted])

Dear Sir,

The following information regarding divorce kindly may read:

How to file for Divorce: step by step procedure

In filing a divorce petition the spouses go through anxiety, anguish and struggle because it is an uncertain process. It involves extensive research so that it takes place in an unruffled manner and the result is satisfactory for the party.

This guide aims to tell you how a married couple, whose marriage is solemnised under Hindu Marriage Act 1955, can file for divorce.

If things between you and your spouse are not good and you are facing difficulties, and you or both of you have decided to part your ways legally then you can file for a divorce under Hindu Marriage Act, 1955.
 

If you both agree mutually:

Section 13B of the Hindu Marriage Act, 1955 covers the provision of mutual consent divorce.
 

Requirements for filing mutual divorce petition:

Firstly, a petition for dissolution of marriage for a decree of divorce may be presented to the family court by both the spouses,

On the ground that they have been living separately for a period of one year or more, or else stating that they have not been able to live together and they have mutually agreed to dissolve the marriage.

How long does it take to get a mutual divorce when both the parties agree:

After you and your spouse have filed the petition for divorce, you and your spouse have to wait for six months and not more than 18 months from the date of presentation of divorce petition in the family court, provided that the petition is not withdrawn in the meantime.

If the court is satisfied, after hearing the parties, that the allegation in the petition is true, it can pass a decree of divorce declaring the marriage to be dissolved.

What is cooling off period :

The six months period wait after filing the mutual divorce petition is termed as ‘cooling off period’.

After the recent supreme court verdict the six months “cooling off” can be waived off if all efforts for mediation and conciliation to reunite the parties had failed. The waiving off can be considered if the parties had already lived separately for at least a year. It said parties can file waiver application just one week after divorce petition is filed and the court will take a call on waiving off the period.

The court clarified that the period mentioned in Section 13B(2) is not mandatory but directory,  and that it will be open to the court to exercise its discretion in the facts and circumstances of each case where there was no possibility of parties resuming cohabitation and there were chances of alternative rehabilitation.

Therefore, the cooling off period in cases where the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties and the waiting period will only prolong their sufferings, and hence it can be waived off if the court deems fit so.

If you agree but the other party is not ready:

If your marriage is solemnized under the Hindu Marriage Act, 1955, you have nine grounds for divorce provided in Section 13 of the Act under which you can file your petition to divorce your partner.

You can file for divorce:

a) If he / she has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;

b) If he / she has after the marriage had voluntary sexual intercourse with any other person;

c) If he / she is treating you cruelly;

d) If he / she has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;

e) If he / she has ceased to be a Hindu by conversion to another religion;

f) If he / she is suffering from incurably of unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a person;

g) If your husband / wife is suffering from a virulent and incurable form of leprosy;

h) If he / she is suffering from venereal disease in a communicable form;

i) If your husband / wife has renounced the world by entering any religious order;

How long it takes to get a divorce where you agree but the other party is not ready?

It depends upon the complexities of the situation, there is no fixed time under which you can get the decree for divorce from the court.

Other grounds available for wife to file for divorce:

The aforementioned grounds are available for both spouses; however, there are some additional grounds that are available only for wife; for example, if your husband has been found guilty of rape, sodomy or bestiality, you can ask for divorce.

But if your marriage whether consummated or not was solemnized before you attained the age of 15 years, and you want a divorce, you can do so but only before attaining the age of 18.

Where can you file the divorce petition:

The divorce petition may be filed at the family court which has jurisdiction over your matrimonial home, i.e. the home where you stay / last lived as married spouse after your wedding or at the family court at the place where the marriage had taken place. Women can file the petition either in the family court that has jurisdiction over the place the matrimonial home is located or the family court of the locality where she is residing at the time of filing of the petition.

Kindly elaborate the facts, a divorce under hindu law can be obtained from two ways either mutually under section 13 B hindu marriage or if mutual is not possible then in that case it has to be contested on the grounds as mentioned section 13 hindu marriage like adultery, cruelty.

13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has 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.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of
mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability
of mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other
party and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the desertion
of the petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the willful
neglect of the petitioner by the other party to the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may also present a petition for the dissolution of the
marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a decree for
judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to
the marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree
or order, cohabitation between the parties has not been resumed for one year or
upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial
separation.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented to the
District Court by both the parties to a marriage together, whether such marriage
was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living separately for a
period of one year or more, that they have not been able to live together and that
they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made earlier than six months after the date
of the presentation of the petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the petition is not withdrawn in the mean
time, the Court shall, on being satisfied, after hearing the parties and after making
such inquiry as it thinks fit, that a marriage has been solemnized and that the
averments in the petition are true, pass a decree of divorce declaring the marriage
to be dissolved with effect from the date of the decree.

What is your concern exactly? You want divorce or you don't want divorce?

1.Better to take the Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

What's your query?

Tell us in Detail your query 

You can file for divorce on grounds of mental cruelty 

contact  a local lawyer 

Kindly elaborate upon the facts and circumstances of the case in order to better appreciate the controversy.

Regards 

Please post your query. 

You can file the same before family court. It is better you file mutual consent divorce for speedy decree

What is your query?

state facts

File a petition seeking divorce from your spouse in the Family Court. 

?

What is your question?

You can consult a local lawyer for your legal needs.