Mam I m living separate frm my husband since one and a half year..we lack in understanding..hamari love marriage thi..abb koi pyar nahi baccha...I want divorce I cant stay with him we r different. .he is not ready to give me divorce...pls keep my query personal....we dont stay like partners anymore we r just moving ahead in life with no planning...There is nothing left...if he dont want to give me divorce. ..mai kya karun I want to move ahead in life...

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    • ansHello......regarding your inquiry for divorce. You can take divorce even your partner don't want. For this you will have to file a divorce petition in family court. From where you are talking. You can contact me.

      Advocate Vibhore Goyal

        District Court, Dehradun

    • ansU have certain options, u can go for mutual divorce u/s 13 B HMA, but as u said ur husband is not interestd to give u divorce, u can file appliacation for divorce u/s 13o the ground that there is no conjugal relations between u and your husband, but in that case u have to go through mediations and in your case it is bit difficult to get divorce.
      In my opinion U can file aplication u/s125 crpc for maintenance for your expenses,in case opposite party fail to pay u,regular maintenance or does not pay ,then u can easily get divorce.
      Or u can also go for judicial seperation u/s 10 on the same ground as of divorce, in this case if you live apart from.your husband for one year then it will be a case of breakdown of marriage , and u can get divorce.

      Advocate Jaswant Sandhu

        District Court, Dehradun

    • ansMam have you field divorce petition in any court. Have you filed any other suit against your husband in any court. Are you taking any maintenance from your husband and what are gtounds on which you wants to seek divorce.

      Advocate Manish Kumar Pandey

        Kaladhungi Road, Haldwani

    • ansIf one of the spouses is not wiling to give a divorce to the other spouse, then it is known as contested divorce.

      For filing of the contested divorce a divorce petition is to be drafted and presented in court. The contested divorce is only granted on certain grounds which are mentioned under Section 13 of the Hindu Marriage Act.
      Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955:

      1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
      (i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
      (ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
      (ib) 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.

      (iv) has been suffering from a virulent and incurable form of leprosy; or

      (v) has been suffering from venereal disease in a communicable form; or

      (vi) has renounced the world by entering any religious order; or

      (vi) 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.

      And for this purpose you will have to consult a lawyer to engage with the proceedings.

      Advocate Siddhant Sharma

        Greater Kailash-1, Delhi

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