• I want divorce but my husband willfully not giving me the divorce

I had a registry marriage under Hindu Marriage Act in 2013 with my boyfriend as he forced me to do that. Later on I came to know that even after our marriage she proposed another girl in facebook and this turned to be a big event. Now I want to get divorce from her as I want to start a new life. But he is not giving me the divorce. May I get the divorce even after without his consent? What to do in this regard? Pls help me...
Asked 3 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) You can file for divorce on grounds of mental cruelty or any other ground recognised under HMA 

2) you have to prove allegations made in petition to obtain divorce from husband 

3) contested divorce woukd take around 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1. Well,please note that dissolution of marriage can happen either by mutual consent of both parties or by suit for divorce.
.2 The second one is called contested divorce suit which one is forced to file when the other spouse is unwilling.
3. SO in your case since your husband is reluctant to give mutual consent divorce you can always file a divorce suit.
4. However do note that getting divorce if not on mutual consent is not a matter of right and it is granted only if the petitioner is able to prove the case of mental/physical cruelty perpetrated on her.
5. So if you could be able to establish the allegations you will get divorce,
If you are from Kolkata feel free to contact for further help.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
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1. You can not get divorce as per your wish,

2. You shall have to seek divorce on grounds acceptable by law for granting the decree of divorce,

3. You shall have to file a divorce petition on the acceptable ground like cruelty being supported by evidence to prove your allegation,

4. He will be given the opportunity to contest the said divorce suit filed by you,

5. Normally divorce seeking wives file all sorts of cases like 498A , DV case etc. against the husband who being hard pressed, agree for filing MCD petition which is decided within 6 & 1/2 months from the date of its fiking.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
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Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.  

Contested Divorce
As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

In your case file a case under the ground cruelty .You have to establish the allegations for getting  a divorce other wise try for mutual consent Divorce 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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results of litigation cannot be guaranteed

2)if you are bale to prove allegations made in your divorce petition you would succeed

3)contested divorce takes 5 years 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
In this scenario you may unilaterally apply for dissolution of marriage on the ground of cruelty. That he proposed another girl on facebook is a fact that you will have to prove in the court to succeed in your petition. 

Ashish Davessar
Advocate, Jaipur
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448 Consultations
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1. Nobody can guarantee you that you will get a favourable decree from the court. The concept of 'sure success' is alien to contested lawsuits. 

2, You will be free to remarry only after the court dissolves your marriage.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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You have to narrated the cruelty ,if you can convince the court you will get divorce. A contesting divorce take much time like more than 2 year.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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You can file a divorce case on the grounds of cruelty and desertion against him if he is not agreeing for mutual consent divorce. 
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
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Will I surely get the divorce ???....Is it possible that what he said he will not allow me to marry again or he will not allow me to stay peacefully, may come true ???...How much time may it take maximum to get the divorce in the case of contest divorce ???...

The contested divorce case may drag on for years, but you have no choice than to pursue that if he is not willing to come for a compromise and mutual consent divorce. 
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
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