Divorce case to be filed by husband what can I do

932 votes

He can bot file divorce before one year of marriage as per section 14 of hindu marriage act but he can surely file for separation before the court of law but that too needed strong points to make before the court of law. He has ruined the lofe of newly married girl and court will not allow him to continue the same

Advocate Manoj Kumar LawRato

860 votes

Under section 12c of Hindu marriage act on the gruibd of nullity marriage can be resolved if marrge is by fraud or under pressure you can Go for divorce on the other hand you can filr a cheating frsud case and harrasment caused because ofhid said act which is punishable in the eye of law for not detsid you can contscyme

Advocate Rajendra Sharma LawRato

754 votes

As per you if it has been a force marriage from the Boy's side & Boy has been in a relationship with a girl from past 8 years and truly loves that girl. Besides as per you if his family pressurized him emotionally and harassing because of their society and their culture and got him married without his consent. Now if he is not happy with the marriage and he does not even want to continue it then he can file divorce in family court u/s 12(1) c of Hindu Marriage Act on following grounds as :-Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.Rest u may call & discuss if intend to do so.

Advocate Sanjay Dubey LawRato

691 votes

The Divorce if he is a Hindu ,the Hindu Marriage Act applies on him therefore he is not liable to file divorce before 1 year of his marriage but yes thereafter he can file divorce on basis of cruelty or desertion or other problems which he is facing out,But not before 1 year of marriage or seperation ,yes marriage can be voidable or void depending on certain circumstances.

Advocate Nishant Solanki LawRato