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Procedure to get divorce from husband in case husband not ready
02-Jul-2023 (In Divorce Law)
I am a wife and married for 5 years with one child. I am living separately for almost 2 years. I don't want to live with my husband . I've gone through a lot of physical and mental trauma caused by not only my husband but my entire in laws family. I want divorce but my husband and his family are not ready for mutual consent as they are axpecting dowry and want me to suffer my whole life like this. My husband told me that he will not give me divorce just because he want my family to cover expenses of settling abroad. What can I do? Is there any fast track option available to get divorce?
Mam
You can file a divorce petition under section 13 Hindu marriage act on th grounds of desertion and mental cruelty by your husband in family courts and can have divorce . This is the best ground on which u can seek divorce easily .
You can file a divorce petition under section 13 Hindu marriage act on th grounds of desertion and mental cruelty by your husband in family courts and can have divorce . This is the best ground on which u can seek divorce easily .
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Adv. Geetinder Singh
Amritsar | 100+ Answers
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What if I want a divorce but my husband won't?
You will have to serve your spouse with a divorce petition and wait for the time period specified by your state. You will need to make further requests to the court if your spouse doesn't respond. After a certain amount of time, you may return to court and ask for a default judgement. 13-Jan-2023
What happens if your husband does not agree to divorce?
You can bring a case to court under section 13 of the Hindu Marriage Act, based on cruelty. You can get a divorce even if your husband has not agreed to it. All you need to do is prove that the marriage was abusive. You can divorce your husband even if he or his in-laws are not on board.
What happens if court denies divorce?
If a divorce decree is rejected by an Indian court, it can be appealed. You can appeal to a higher court such as the High Court of India or the Supreme Court depending on your case and grounds for appeal.
How do you accept divorce when you don't want it?
Act as if you are confident about moving forward. ...
Let your spouse come to you if they have questions or concerns. ...
Be your best self. ...
Respect your spouse. ...
Avoid arguments. ...
Get help. ...
Give your partner some space. ...
Keep busy
Hello
You can file divorce unde sec 13 hma on ground of desertion and cruelty if your huaband dont want togive divorce you under sec 13b hma.if you want to know more you are free to call
You can file divorce unde sec 13 hma on ground of desertion and cruelty if your huaband dont want togive divorce you under sec 13b hma.if you want to know more you are free to call
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Adv. Deepak Sabharwal
Amritsar | 200+ Answers
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If they did cruelty upon you then you may file complaint and domestic violence case as well and you may file divorce petition as well on ground of cruelty.For details you may contact via law rato.need not to worry.
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Adv. Lovkesh Gupta
Jalandhar | 100+ Answers
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From the facts you gave, it's clear that you are subjected to physical and mental cruelty not only by yours in laws, but also by your husband. You can file a petition under section 13 of Hindu marriage act on court, on the ground of cruelty. And you have to plead and prove the cruelty, and you can obtain decree of divorce, even though your husband is not ready.
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Yes you can go for divorce at this stage even if your husband or in laws dont agree for the same. Further more in your case you have all the essential ingredients for getting the decree of divorce in your favour so just go for it.
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When seeking a divorce from your husband and he is not willing to cooperate, you can pursue legal steps to initiate the divorce process. Here's a general procedure to get a divorce in case your husband is not ready to give divorce in India:
- Consult an Attorney: Seek advice from an experienced divorce attorney. They will guide you through the legal process and help you understand your rights and options for your contested divorce. For dowry, a criminal case under Section 498a can also be filed along with the divorce petition.
- Grounds for Divorce: Identify valid grounds for divorce under Indian law. Common grounds include cruelty, adultery, desertion, mental illness, and irreconcilable differences.
- Legal Notice: Your attorney can send a legal notice to your husband, indicating your intention to file for divorce and specifying the grounds. This may prompt negotiation or discussion.
- Mediation: Explore the possibility of mediation to resolve differences amicably. Courts often encourage mediation as a first step in divorce cases.
- File a Divorce Petition: If mediation is unsuccessful, file a divorce petition in the appropriate family court. Your attorney will prepare the petition, outlining the grounds and your demands.
- Service of Notice: The court will serve a notice to your husband, summoning him to respond to the petition. He will have a specific period to submit a response.
- Evidence and Witnesses: Collect evidence and identify witnesses to support your case, especially if you need to prove the grounds for divorce.
- Court Proceedings: Attend court hearings as required. Your attorney will present your case, and your husband can present his defense.
- Trial and Judgment: The court will conduct a trial, considering all evidence and arguments. If the court finds in your favor, it will grant the divorce decree.
- Appeal: If your husband is not satisfied with the judgment, he may appeal to a higher court. Similarly, you can appeal if the judgment is not in your favor.
- Execution: After the divorce decree is granted, the court will handle the execution of the divorce, including issues related to alimony, child custody, and property division.
- Closure: Once the legal process is completed, your marriage will be legally dissolved.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
This would be a contested divorce if the husband refuses to grant divorce. If the husband refuses to grant divorce, then it would be best to consult with a divorce attorney as the process to resolve a contested separation can be complicated.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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