Hi,
You can file an application under section 13 of HMA in the family court for divorce.
How to file for a divorce/judicial separation
I and my husband are leaving separately for a year plus. He is not agreeing on mutual divorce. Is there any way by which i can file and ask for divorce or judicial separation
Asked 6 years ago in Family Law
Religion: Hindu
17 Answers
You can file petition for divorce on grounds of mental cruelty
2) in alternative file for judicial separation on any of grounds mentioned in HMA
Dear Querist
Yes you can file a divorce case under section 13(1)(ia) of Hindu Marriage Act-1955 or judicial separation petition under section 10 of Hindu Marriage Act-1955 before the Family Court.
Feel Free to Call
Dear Client,
On the following grounds on which Judicial Separation /Divorce can be granted under Hindu Marriage Act-
- Cruelty– Either of the spouse or both are cruel for one another.
- Desertion– Either of the spouses is not alive and is missing since seven years and above.
- Adultery– Either of the spouses is being cheated upon by other spouse. In case a husband or a wife knows that their respective spouse is married and that the other person is alive during this petition; then the grounds for judicial separation strengthens.
- Forcedconversion of religion – Either of the spouses is forcing the other one to change and convert his/her religion.
- Incurablediseases such as leprosy, cancer, Ebola, etc…
- Insanityor abnormality – Either of the spouses is not in a sound condition.
- Venerealor sexual diseases – Either of the spouses is suffering from sexual diseases such as HIV, AIDS, Genital Herpes, Syphilis, etc…
- Rape, Sexual Harassment, Molestation, Bestiality and Sodomy.
- Renunciation of the world by either of the spouse on religious or spiritual grounds.
- Child Marriage – Either of the spouses is married without his/her consent before attaining 18 years of age.
On the basis of the above grounds, you take Judicial Separation or Divorce.
You can file for divorce on grounds of cruelty, which is a valid ground for the under section 13 of the Hindu Marriage Act. For desertion, minimum time is 2 years of separation.
What do you mean how to file? You obviously won't plead yourself, that's the job of advocate. So take appointment with me if you are really in matrimonial dispute with your husband, else stop wasting time
Dear Madam,
Judicial separation is always treated to be as an alternative to divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not. The legal status of judicial separation is different from being divorced and married.
The legal status of judicial separation is different from being divorced and married. In case of judicial separation the court orders for the prohibition on cohabiting together, but does not end the obligations of marriage. Both husband and wife still remain in the same ties of marriage obligations. In case of divorce the parties are allowed to get remarried, but in case of Judicial Separation it is illegal to get remarried.
But there are also some similarities between two. The procedure and grounds for getting both, Judicial separation and divorce are the same. It is at the option of the parties which remedy they choose from the court. If court will be satisfied it will grant the decree. Judicial Separation only suspends the obligations and duties leaving the room for reconciliation and if they fail to reconcile for one year, either of them may seek divorce on this ground.
Section 376B of the Indian Penal Code provides that sexual intercourse by a man with his own wife without her consent during judicial separation is an offence punishable with imprisonment up to 2 years and fine also.
Read the section 10 and 13 of Hindu Marriage Act to get better understanding.
Hi
Under Sec.13 of Hindu Marriage Act, there seven reasons to file for divorce, but the best option available to you is to file for Divorce for cruelty.
Yes you can file a contested divorce against her by showing the one year separation period
Divorce or judicial separation, you can file on the ground of cruelty. Court will decide on merit and evidence before it.
And if you want divorce only than file DV complaint against him, for out of court settlement and withdrawal of FIR, he may agree for mutual diovrce.
See you can file for divorce on ground of cruelty against your husband if he is not agreeing for mutual divorce . Divorce and judicial separation are on same grounds so it is better to file for divorce.
you can file divorce petition on the grounds of mental creulty pls consult a local family lawyer
you can file for a judicial separation, which would be successful if you are to prove that he deserted you. this way after a while, you can file for a divorce.
Judicial separation would end the legal duty of you to cohabit with him. and after a reasonable time and no reconcile , you can file for a divorce decree.
- Since, you husband is living separetely for a year plus, it means he has derserted you without any reasons .
- Desertion is good ground for getting divorce as per Hindu marriage Act. but this separation should be atleast two years.
- Better to file maintenance case against him under section 125 CrPc . He will himself approach you for Mutual Separation .
You need to file a divorce petition in court for getting legally separated from your husband.
Court will send notice for appearance to your husband
- You can file the case for judicial separation in case not looking for further marriage.
- However, divorce is the better option if you are not keen to continue with this marriage.
- Grounds of breakdown can be mentioned
Regards
Vivek Arya
If the situation is intolerable and your feel that iit may not be possible or feasible to continue with this married life, you may file a contested divorce on the grounds of cruelty.
Judicial separation case may not bring you any respite.
