Clarification on grounds for filing divorce

I want to take divorce but my wife don't want. from 1 year she was her native place i tried a lot to call her but she did not came but 3 month back she suddenly came. i have 3 kids she left my all kids from 3 month all 3 are with me now i don,t want to live with her what should i do please help me out.

Answers (4)

215 votes

Dear client in your case you can file a case in Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights and then further you can file a petition for divorce, for more advice you can book an appointment on call.

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83 votes

First you should file a petition under section 10 for judicial separation against your wife on ground of cruelty later convert it under section 13 of hindu marridge act. this is the easy way to get the divorce.

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196 votes

Dear sir,
You can take divorce as under section 13 of HMA on the following grounds-
Adultery, cruelty,desertion for atleast 2 yrs, venereal /communicable disease, unsound mind, leprosy, conversion to other religion, renunciation or not being heard alive for atleast 7 yrs.
I think you may apply on grounds of cruelty currently as she has withdrawn from your society and in desertion after 2yrs.
You can file RCR first and then divorce if it fails.
For further queries, contact -
Adv. Pury
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290 votes

You have a remedy to file a suit for dissolution of marriage and obtain a decree from family court.
You have to mention the grounds before the court for that very purpose.
Wherefore stating therein all the grounds you may file a suit gor dissolution of marriage under section 13 hindu marriage act,(if governed by hundu law)
Court shall issue notice to opposite party (wife) and thereafter proceedings shall commence.

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