Procedure and requirements for filing divorce

759 votes

You have stated your religion but not of your husband! You have not revealed the reason for dissolution of marriage. You must have a valid ground for dissolution of marriage. Section 11, 12 and 13 deals with the valid grounds for annulment or divorce.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages.- Any marriage
solemnized after the commencement of this Act shall be null and void and may, on
a petition presented by either party thereto, against the other party be so declared
by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i), (iv) and (v), Section 5.
12. 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.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling
a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the
marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained
unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and
in the case of marriages solemnized after such commencement within one year
from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground.
13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of
mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability
of mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other
party and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the desertion
of the petitioner 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 the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may also present a petition for the dissolution of the
marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a decree for
judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to
the marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree
or order, cohabitation between the parties has not been resumed for one year or
upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.

Advocate Sunil Kumar Mahto LawRato

884 votes

As u have stated u want divorce from ur husband whom u married under court marriage.U have to file a case in family court Under section 9,13 of hindu marraige act.U have right to take divorce under these provision.

Advocate Pankaj Kumar Singh LawRato

663 votes

yes ,it can be done.you need to file a divorce petition under section 27 of special marriage act but first you need to specify the reason/ground for which you are seeking divorce from your husband.
feel free to contact further for detailed answer to your query.

LawRato LawRato

793 votes

Venerated Madam
With respect to your query, you have two options under special marriage to file divorce case under fraud and also on the basis of non consumption between husband and wife and to nullify the marriage on the above grounds .. Feel free for more information so that can assist you better.

Advocate Anil Kumar Singh LawRato

707 votes

MAM
AFTER COMPLETION OF ONE YEAR OF YOUR MARRIAGE YOU CAN FILE DIVORCE APPLICATION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT TAKING THE APPROPRIATE PLEA BEFORE THE FAMILY COURT.
YOU ARE REQUIRED TO FILE CASE WHERE YOU ARE RESIDING AND COMPLETE DETAIL OF YOUR HUSBAND AND OTHER RELATED DOCUMENTS SHALL BE REQUIRED AT THE TIME OF FILE APPLICATION.

Advocate Shyam Narsaria LawRato