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Divorce from physically/mentally abusive husband from a marriage of 21
18-Oct-2023 (In Divorce Law)
I would like to know the process of the entire divorce case. In the separation period I would like to live in my house while my husband can find a new place to live as I have a 19 year old daughter who has an important exam next year, I don't want to disturb her. My husband can pay EMI and fund for our living with the salary he receives every month.
In a mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seekingdivorce on mutual terms and condition. A joint petition signed by both parties is filed in court under said section. In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind) 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.Finally Divorce decree will be granted as the Hon'ble Court may deem fit. This process of divorce is faster and less time consuming.
However if your husband does not agree to give you divorce, then you can file divorce petition under Section 13(1) of Hindu Marriage Act on any of the grounds which suits your facts and circumstances.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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