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Ways to get divorce for a girl married in 2015 not staying together


28-Jun-2023 (In Divorce Law)
My sister Got married in 2015. Not staying together for 2 years. Her Husband is not ready for mutual divorce. Not initiated any procedures as on date. She came out of relation as he had some extra marrital affairs. Need to close smoothly and fast.
Answers (5)

Answer #1
812 votes
Adultary is a ground for divorce. But it is not easy to prove the adultary. However you can file a case for divorce on the ground of mental cruelty. If you could prove the mental cruelty with evidence definitely you will get the divorce.
Answer #2
540 votes
Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
Major Grounds for Divorce
 Adultery
 Deserting the spouse for two or more years
 Physical or mental cruelty
 Conversion to another religion in case of religious marriage
 Incurable disease such as leprosy, venereal disease in a communicable form
 Insanity, unsound mind or mental disorder
 Renounced the world by entering any religious order in case of religious marriage
 Unheard of as being living for a period of seven years or more

As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.
Answer #3
709 votes
Dear Client,
You may file a Petition for Divorce in the Family Court of your area. As a pressure tactic, file a petition for Return of Ornaments and other articles and cash. Also file a petition for Maintenance. With in a short period of time the matter will seen settled. For this it is better to contact a Family Court Lawyer in your area. Regards, SACHIN DAS.P
Answer #4
610 votes
Hai,

its been 2 years, the best option in your case is mutual, n since volutarily said he wont be ready for it, u have to file it as contesting matter. The option left for is non-consumation of marriage and cruelty against him. else he will succeed, make sure he wont access her phone n social media files, since its the best way for him to prove her extra marital affairs. Do contact your lawyer fast... its time...

Hope am upto your query
Answer #5
649 votes
She can approach the Family Court for divorce independently. However, in order to make the divorce smoother and easier when you move in this way, a good plan of action is required. So she is supposed to take the advice of an experienced lawyer to tackle the method.

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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