Can my husband still file for Divorce if I am not wiling to separate?


Can my husband still file for a Divorce if I am not willing to separate from him ? I have been married for less than a year. Things don’t seem to work out with my husband and I want to take a Divorce but I have nowhere to go after that.

 

It was a love marriage and I know if we separate my parents might not take me back. Can he still file the case?

 

Answer

 

As per Section 14 of the Hindu Marriage Act, no divorce petition can be filed within one year of marriage. However the same can be filed after the time period under any of the provisions of Section 13(1) of the Hindu Marriage Act. 


 

Yes the petition can be filed by one of the spouse but he/she has to prove the ground on which the divorce is being sought. 


 

We would inform you that per the provisions of Protection of Women from domestic Violence Act, you have a right to residence whereby your husband is under an obligation to provide for your residential accommodation till the time you are married.


 

After divorce, he is liable to pay alimony / maintenance to you under the Indian Penal Code as well as under the Hindu Marriage Act.

 


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