• Want to file for divorce

I have been married for one year 
And now I dnt feel like to be in the marriage. There is no fault of my spouse . I Just don't enjoy the marriage life 
I feel I will be happy living a single life. 
I miss my bachelor days and I feel I do not want the burden of responsibilities. 
I just want to live single and happy life . 
How can I apply for divorce with no fault of my spouse ?
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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19 Answers

You have to prove allegations made in divorce petition 

 

2) if you are not able to prove allegations your divorce petition would be dismissed 

 

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

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

Without her fault, divorce won`t grant except mutual divorce. If you will take these ground of divorce, may face dowry demand and domestic violence cases.

Character assassination amounts to mental cruelty and ground of divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Wife abusing husband amounts to mental cruelty and is ground for divorce 

 

wife maligning husband reputation amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

- Without the consent of each other , Court will not grant Divorce order , You will have to file the Petition for Divorce on Mutual Understanding.

- Without any allegation , there will be no ground for Divorce. 

- Yes, the husband can file divorce under your given circumstance.

 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

See in India there is no provision for no fault divorce if you are not happy, ask your partner for a mutual divorce . If mutual divorce is possibility then only you can get a divorce otherwise in India you can take divorce only when there cruelty or adultery or act as mentioned under section 13 hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See all these things amount to cruelty a contested divorce on ground of cruelty can be filed though burden of proof shall be on husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it is possible if both husband and wife agree for the same . It is mutual divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

husband can file divorce on the ground of Mental. creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

If you want to be single again file a divorce petition on grounds of cruelty.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can get divorce on the grounds enumerated by you ad this comes under the definition of cruelty.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

On cruelty basis you can file for divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It's better you go for mutual divorce. If not you need to go for contested divorce taking cruelty ground

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

Hi,

In our system, there is no system of no fault divorce. So, you may manage and prepare your husband for mutual consent divorce. If a wife kills freedom of her husband and causes character assassination, the husband may file of divorce under cruelty grounds.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Hi

Either spouse can file application for divorce subject to complying the provisions.

In your case, you can file for divorce.

You need to prove to the court the grounds on which you are seeking divorce.

Yes, killing of freedom and character assignation leads to mental cruelty, the same can be used by the aggrieved as the reason for seeking divorce.

You have two options (1) Mutual consent divorce (2) Contested divorce.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Client,

You may move an Application for Mutual Divorce if your wife is ready for the divorce. If your wife is unchaste, on the basis of this you may also move an application for divorce. If your wife is cruel towards you and your family members, on this basis you may also move an application for divorce. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

you have to show the reasons  or grounds for seeking dissolution of your marriage.

Without any valid reasons the court will not entertain the divorce petition.

If you can ask your spouse to agree for mutual consent divorce, then that can be easily done.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

It is his decision, he cannot be forced to take a decision to file a divorce case.

However he is at liberty to file a divorce cae on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

You cannot file a no fault divorce in India as there is no provision for this type of divorce.

You can file divorce on ground of mental cruelty by spouse. As giving no space And character assassination is considered as mental cruelty.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

You can file the petition for divorce under section 13 of Hindu Marriage Act 1955, there are some grounds provided in the act which must be present in your petition. You will need a lawyer to prepare and present your petition although the work of lawyers in family court is limited according to the Family Court Act but as everybody knows filing a suit in the court of law is just not about drafting it is further and farther more than that.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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