Divorce procedure if couple is not in relationship for last 5 years

725 votes

Yes....you will get the divorce from your spouse if there is no relationship each other. Once the petition is filed 6 month time is mandatory for the joint application..and if the petition is contesting nature it will take around 2-3 years .

Advocate Sindu R Kurup LawRato

841 votes

Hai
U r query needs clarity. If both parties r willing 4 divorce, a joint petition can be filed. Tat will strictly take 6+months n appearance f both parties r mandatory. If opposing n contesting then it mostly depends upon the way judges deal with it. Query misses some particulars for detailing.

Hope am up to ur query

Advocate Manoj George LawRato

908 votes

Dear Client,
If you file Petition for Divorce, the petition will be posted for counselling for 2 to 3 times short intervals of 2 weeks to 1 month.
If there is no chance of reunion after the process of counselling the file will be sent to the court. On the 180th day the trial will start. If both of you prefer to file a joint petition for divorce along with a petition to convert tit to a joint petition the entire process will finish by 7 months in total.

Advocate Sachindas P LawRato

746 votes

Q-There is no relationship in between husband and wife for 5 year can be divorce easily or not-
Yes,
The Hindu Marriage Act 1955 grounds for divorce are as follows –
a. Adultery
b. Cruelty
c. Desertion
d. Conversion of religion
e. Unsoundness of mind / serious mental disorder
f. Virulent and incurable form of leprosy of partner
g. Venereal and communicable disease suffered by a partner
h. Renunciation of the world
i. Unknown whereabouts of partner for more at least 7 years

sub-section (1) of Section 13, Hindu Marriage Act explained desertion: “The expression ‘desertion’ means the desertion of one party by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to marriage

In Savitri Pandey v. Prem Chandra Pandey reported in 2002 (1) KLJ 193, the Hon'ble Supreme Court held as follows: -
“7. "Desertion", for the purpose of seeking divorce under the Act, means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. In the other words, it is a total repudiation of the obligations of marriage. Desertion is not the withdrawal from a place but from a state of things. Desertion, therefore, means withdrawing from the matrimonial obligations, i.e., not permitting or allowing and facilitating the cohabitation between the parties.
The proof of desertion has to be considered by taking into consideration the concept of marriage which in law legalizes the sexual relationship between man and woman in the society for the perpetuation of race, permitting lawful indulgence in passion to prevent licentiousness and for procreation of children.
Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case. After referring to host of authorities and the views of various authors, this Court in Bipinchandra Jaisinghbhai Shah v. Prabhavati, AIR 1957 SC 176 held that if a spouse abandons the other in a state of temporary passions, for example, anger or disgust without intending permanently to cease cohabitation, it will be amount to desertion.
What is time long to take complete the procedure
Usually, it may take up to 2 to 3 years or in some cases it may take more than that for granting the final decree.
Minimum period 6 months and maximum of 18 months’ time required to grant mutual divorce.

LawRato LawRato

650 votes

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. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

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.

But in your case the desertion is a good ground for divorce .To constitute a ground for judicial separation or divorce, desertion must be for the entire statutory period of two years

Advocate Ajay NS LawRato