How can I get divorce if husband not ready to give divorce

638 votes

Supreme Court of India in
Naveen Kohli vs Neelu Kohli on 21 March, 2006
Author: Dalveer Bhandari
Bench: B.N. Agrawal, A.K. Mathur, Dalveer Bhandari
CASE NO.:
Appeal (civil) 812 of 2004
set aside the impugned judgment of the High Court and direct that the marriage between the parties should be dissolved according to the provisions of the Hindu Marriage Act, 1955. In the extra-ordinary facts and circumstances of the case, to resolve the problem in the interest of all concerned, while dissolving the marriage between the parties, we direct the appellant to pay Rs.25,00,000/- (Rupees Twenty five lacs) to the respondent towards permanent maintenance to be paid within eight weeks. This amount would include Rs.5,00,000/- (Rupees five lacs with interest) deposited by the appellant on the direction of the Trial Court. The respondent would be at liberty to withdraw this amount with interest. Therefore, now the appellant would pay only Rs.20,00,000/- (Rupees Twenty lacs) to the respondent within the stipulated period. In case the appellant fails to pay the amount as indicated above within the stipulated period, the direction given by us would be of no avail and the appeal shall stand dismissed. In awarding permanent maintenance we have taken into consideration the financial standing of the appellant.

In view of the judgment i suggest that you can get divorce as well as maintenance from your husband. If possible for you kindly go through this judgment

Thank you

Advocate Siddharth Dev LawRato

558 votes

Hi, first of all you should prepare a complaint of all tortures and humiliations you are facing in your house. You should prepare it under the guidance of an advocate. File the complaint in CAW Cell and file a petition u/s 12 of Domestic Violence Act and petition for divorce. It can be a little longer way to get justice but these would be safe remedies for you.

Advocate Brijinder Khurana LawRato

671 votes

Well divorce can be filed on two grounds first mutual consent of both husband and wife want to.file divorcr on.mutual consent. Then it takesix onmonthin total you will get divorce thr otherbhsnd uou can file divorce on the basisof cruelty one canebfilr.petitio n in district hour you will getl

Advocate Rajendra Sharma LawRato