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Divorce query and the grounds on which divorce can be granted
29-Jan-2023 (In Divorce Law)
My marriage is not legally registered till now although i had done a Hindu custom marriage. Plus we had given dowry too. I and my husband are not living together for over 6 months. On what ground can he get divorce? Plus is mutual social settlement outside the court is equivalent to legal divorce and can’t be challenged in court again?
Without decree of divorce the marriage can not be end between the parties.
Parties may file divorce after the one of marriage but also they should have 6 months saperation form each other..
regarding grounds there is so many grounds mentioned in section 13 of HMA Act. but if marriage has not completed one year then parties may seek annulment or nullity of their marriage under section 11 or 12 of HMA Act. there are desperate grounds mentioned to seek these reliefs..
for more info you may contact me.
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Adv. Jagan Nath Bhandari
Chandigarh | 100+ Answers
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Registration of marriage has not been made compulsory in our Country although it is advisable to get that done. There are multiple grounds which are avaiable to every party seeking divorce under Hindu Marriage Act which in turn can be used by your husband in case he is looking to get divorce. Any mutual settlement outside the court is not at all equivalent to decree of divorce. Decree of divorce can only be granted by Courts.
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