Asked August 11, 2016

divorce petition

  • 1 Answer

I am a hindu male, married for 8 years and seeking Divorce on cruelty as she dont want to keep any connection with my family and forcing me to do the same. pls help me with below queries. 1. How long it can take. 2. What the wife argue in the court that now she will change her behavior or trying to change. 3. A average expense in whole process. 4. Living in the same apartment but in different bedrooms can be counted as separate living? 5. Do I need to send any separate notice if in case i need to live separate for 1 year before divorce and what is the process.

Answer 1

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Saumya Kumar
Under the Hindu marriage Act, 1955 there are different grounds for divorce. Cruelty is one of these grounds mentioned in Section 13 (1) (ia) of the Hindu Marriage Act, 1955. To file for divorce under this section you do not have to show that you two have been living separately. Your focus should be on procuring evidences to prove cruelty here. In this proceeding if she claims that she is ready to change the Court will decide upon the nature of the cruel behavior of your wife. This provision is mostly used by women experiencing domestic violence where the husband may be keen to reconcile. The Courts mostly examine the behavior of the husband to decide whether there is some scope for improvement and reconciliation. In very severe cases of domestic violence, the Courts may not pay heed to the reconciliation attempts of the spouses. The proof for living separately is important when you are filing for divorce on by mutual consent under Section 13B of the Hindu Marriage Act, 1955. Under this method both husband and wife have to apply under Section 13B and show that they have been living separately for a period of one year before the application of the petition. In this section there is no need to live in separate places as long as you can prove that both of you do not intend to continue your marital obligation and you haven't had sexual relations in the past one year. It mus be pointed out that this process involves a consensus from both the husband and the wife. Both of them have to apply for the divorce. In this proceeding if she claims that she is ready to change then the petition may not succeed. It is generally observed that divorce by mutual consent under Section 13B does not take a long time as both the parties are keen to get divorce. The divorce for cruelty will take longer as the entire process requires examination of witnesses and evidences which becomes a contentious issue between the husband and the wife. Depending upon you and your wife's finances the Court will award alimony and may ask you to financially support your wife. The cost will vary depending upon the duration of the proceeding and the lawyer you appoint.
Agree Comment 0 Agrees about 5 years ago

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