What are the ground for divorce? No trust between us.
I need to know the grounds on which I can file a Divorce. We’ve been married for 8 years and I’ve realized that we are not meant for each other. There is no loyalty and no trust. We have a 7 year old son. Violence happened in the early days of our marriage. The marriage is only for our son.
I even left home but he complained to my parents who came home because of which I had to come back again. What all options do I have for Divorce? Should I file for mutual Divorce?
Firstly, for filing a petition for Divorce by mutual consent, you and your husband both have to file the petition jointly. Is your husband ready for the Divorce? If yes, then yes you should file for a Divorce by mutual consent as its the easiest and the fastest way to get a Divorce (takes 6 months generally) as long as you are able to settle all issues regarding child custody, maintenance, residence, etc.
On the other hand, if your husband does not agree to mutual consent Divorce, you may file a petition for Divorce citing one or more grounds as enumerated under Section 13 of the Hindu Marriage Act.
Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage 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
a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or
b. 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 been 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; or
iv. has been suffering from a virulent and incurable from of leprosy; or
v. has been suffering from venereal disease in a communicable from; 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.
Now based on the facts provided by you, you can file a petition for divorce under Section 13 (1) (ia) on the grounds of cruelty. Cruelty has been interpreted by the Hon'ble Supreme Court to include both physical as well as mental cruelty. The acts of your husband enumerated by you clearly come within the ambit of mental cruelty. Thus, a Divorce can be sought on this ground.
You shall be liable to get alimony / maintenance from your husband which the Court shall decide based on the facts and circumstances.
You shall also need to file a petition for the custody of the children if you wish to retain the same. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
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