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On what grounds can i file for divorce? Am i entitled to alimony?
23-Sep-2023 (In Divorce Law)
I am a woman, 37 years old living in Thane. I want to take divorce. On what grounds woman can file the divorce ? What if my husband is only asking to go ahead for the divorce ? What is the procedure and the time required ? what if we will go by mutual consent ? I am unemployed and dont have much savings or financial support. I dont to live with him. we live in rented house whose agreement is on my name but my husband pay the rent. can I tell him to leave the house if i file the divorce and dont want to live with him.non co-operation in fertility treatment is the major reason. please advice.
In a mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seekingdivorce on mutual terms and condition. A joint petition signed by both parties is filed in court under said section.
In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
Finally Divorce decree will be granted as the Hon'ble Court may deem fit. This process of divorce is faster and less time consuming.
However if your husband does not agree to give you divorce, then you can file divorce petition under Section 13(1) of Hindu Marriage Act on any of the grounds which suits your facts and circumstances
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Adv. Sudershani Ray
Delhi | 200+ Answers
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u can get allemoney from ur Husband when u file petition for divorce. Is there any problem from ur husband side in fertility so that he is avoiding t said treatment find out this first.
u & ur husband can file petition for divorce by mutually also it ll take 6 months perid but if matter contested then it ll take long tome also depend up on situation & other facts
yes u can tell him to leave t house & pay rent regulaly till decision of clurt.
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