Hindu Marriage Law: Divorce on the Grounds of Mutual Consent
Getting a divorce in India is certainly not an easy procedure, whether you follow Hindu marriage law or special marriage law. The whole procedure includes many emotional highs and lows and long waits for the final outcome. Before going ahead with the divorce procedure, prepare yourself for the long process ahead.
You can ask for divorce on the grounds of mutual consent, which includes resolving all issues with your spouse, such as maintenance and child custody. Under the provisions of Section 13 B, of the Hindu Marriage Act, 1955, a married couple can file for divorce on the grounds of mutual consent, if they have lived separately, for a minimum period of 1 year.
Hindu Marriage Law: Should a Married Couple who never 'Lived' together be allowed to divorce on Mutual Consent ?
An important question arose in a case pertaining to Hindu marriage law as to whether a divorce on mutual consent can be filed within one year of marriage or not? In a landmark case, Sweety E M v. Sunil Kumar, AIR 2008 Kant 1, the 33 year old husband was living and working in England and the wife was settled and working in India. Within a year of the marriage, they filed for divorce through mutual consent divorce as they had not lived together and had no hopes of reunion. Lets not forget, while marriages are celebrated on grand scale by families in India, the most important ingredient is often missing – mutual interest and respect to take the relationship forward for a whole lifetime.
The appeal in the abovementioned case was dismissed by the Court on the grounds of incompletion of one year of mandatory separation. The appellants were not satisfied by the decision of the Court and appealed to the High Court. The High Court observed that both the parties are mature enough to decide their own good and there were no justified reasons to keep them forcibly together in the matrimonial bondage. It further observed that realization from the burden of an unwanted marriage would help them to re-set their life and career and it held that divorce was the only solution to break the matrimony.
Hi friend....
I want to advice about my friend case. My friend did love marriage oppose the wishes of both parents. He got protection from high court. After one month of marriage they both decide to live separate and want to take divorce by mutual concent. My question is that it is possible to take divorce even after one month of marriage.? ? ? Pls help me
With regard nav (Punjab)
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hi,
an army officer married for 4 yrs with a kid mote than of a year now is living apart from his wife since kid was born,they lived together for a month in 2010 and even today they stays together when he makes visit to his parents his wife comes n stay wid him as she is also staying with her parents only now the guy is in love with somone and want to marry her,kindly guide me what are the chances of getting divorce in wid or widout mutual conscent.
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Hi,
I did Love Marriage with the concern of both the Families, however my husband was always unsatisfactory as in he would neither call me in day, never express that he loves me, misses me when I am not around, and wasnt able to fullfill my expectations also in terms of Money and stuff,I used to earn more than him and was residing in Mumbai..Infact I used to help him monetarily since I used to transfer money in his account from my Salary so that he doesnt feel burdened....we used to fight a lot since I was always unsatisfied, he refused to even find a good Job and leave Mumbai...finally i found a new job and moved to Delhi with my parents, however he said that he would come down to Delhi after he finds a new job but shockingly he never came, Also when i left he stopped contacting me also and fights increased..then I moved to Pune after 6 months and started meeting him to patch up for the marriage, however he did not show any interests and when I was in Delhi I got a call from a female who told me that her Boyfriend has denied to give a commitment of Marriage to her and has confessed that he is a Bisexual and is in a Bi-Relation with my Husband. Suprisingly when i was about to go to Delhi my husband had stopped getting Physical with me for a span of 9 months and so and would leave me to go and meet this friend. Also when i was in Delhi, his Phone used to be busy at odd timings in night and he used to tell me that he was on Call with that friend..... and he refuses to go to Any Marriage Counselor or a Psychiatrist with me to resolve the Marital Conflicts......
Kindly suggest me Legal Actions to be taken.....I feel cheated that this guy just made a Mockery of my life.
Hi,
I did Love Marriage with the concern of both the Families, however my husband was always unsatisfactory as in he would neither call me in day, never express that he loves me, misses me when I am not around, and wasnt able to fullfill my expectations also in terms of Money and stuff,I used to earn more than him and was residing in Mumbai..Infact I used to help him monetarily since I used to transfer money in his account from my Salary so that he doesnt feel burdened....we used to fight a lot since I was always unsatisfied, he refused to even find a good Job and leave Mumbai...finally i found a new job and moved to Delhi with my parents, however he said that he would come down to Delhi after he finds a new job but shockingly he never came, Also when i left he stopped contacting me also and fights increased..then I moved to Pune after 6 months and started meeting him to patch up for the marriage, however he did not show any interests and when I was in Delhi I got a call from a female who told me that her Boyfriend has denied to give a commitment of Marriage to her and has confessed that he is a Bisexual and is in a Bi-Relation with my Husband. Suprisingly when i was about to go to Delhi my husband had stopped getting Physical with me for a span of 9 months and so and would leave me to go and meet this friend. Also when i was in Delhi, his Phone used to be busy at odd timings in night and he used to tell me that he was on Call with that friend..... and he refuses to go to Any Marriage Counselor or a Psychiatrist with me to resolve the Marital Conflicts......
Kindly suggest me Legal Actions to be taken.....I feel cheated that this guy just made a Mockery of my life.
Me and my husband stay away for 3 years now and we want to file Mutual divorce....He is in Us and am in bangalore.....but got married in tamilnadu....we have 5 yr old child......
CAn you plz advice me if
# i can aply divorce in blore other than the jurisdiction we got married
# if I can submit the petition along with his sign.
Thanks
Swathi
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