Procedure for getting divorce for a marriage done in Arya Samaj Mandir
I want to know the Procedure for divorce for a marriage done in a Arya Samaj Mandir. We have been married for 5 years now and I am a housewife. He has not told anyone in his family about our marriage.
For a period of more than 3 years, I stayed away from home. It’s been less than a year that we have been staying together. He has clearly told me that he just can’t stay with me anymore.
I also suspect him of cheating on me with another girl. I tried a lot to make our marriage work but things don’t seem to work out. The only proof of marriage we have is the certificate issued by the Arya Samaj Mandir.
One option available to you is filing for divorce by mutual consent, if your husband also agrees to the divorce. The benefit of this is that you both can agree on the terms and conditions of the divorce and be divorced within 6 months.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the grounds that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the Parties and pass a First Motion Order giving a time of 6 month to the parties to resolve their dispute, however, in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
If he does not agree for the above, then you can file the petition for divorce under Section 13(1)(i) on the grounds of adultery, however, you need strong and cogent evidence to prove that he has committed adultery.
OR you can file a petition under Section 13(1)(i) on the grounds of physical as well as mental cruelty. You can substantiate the fact that he hasn't told his family about you and that he has not been staying with you for almost a year.
At the time of filing for divorce petition, you should also file a petition for interim maintenance and permanent alimony so as to claim maintenance for yourself. This is available under both the Hindu Marriage Act as well as under the Indian Penal Code.
A Certificate of marriage from the Arya Samaj Mandir is valid and good enough to establish marriage and if your husband takes a stand otherwise - that he is not married to you then he can be prosecuted for rape. Kindly give more details for us to understand perhaps better.
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