File Divorce According to Hindu Act

Question

File Divorce According to Hindu Act

24-Oct-2025 (In Divorce Law)

My name is Shivani Sharma I'm a hindu girl I am 32 years old I am married for 11 years and I don't have any baby from my husband because he is impotent and he is unable to produce child and I am forced to undergo IVF to have child now I am living separately from him for the last 8 months can I get a divorce and how much time will it take maximum

Answers (5)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Adv. Anubhav Kathuria Adv. Anubhav Kathuria

Delhi | 1000+ Answers

Chat CONTACT NOW

Advocate Harshit R Gupta LawRato · Accepted Answer · 2025-10-25T06:45:52+05:30

Answer #2

Yes, you are very well within your rights to seek divorce. Divorce can be sought by two modes firstly by mutual consent or secondly is contested. Divorce by mutual consent is faster way to get divorce. However for contested, it depends upon the facts of your case. The advice is general. For precise advice analysis of facts of your case is required.

Helpful?

Adv. Harshit R Gupta Adv. Harshit R Gupta

Delhi | 25+ Answers

Chat CONTACT NOW

Advocate Ashwin Garg LawRato · Accepted Answer · 2025-10-25T07:10:50+05:30

Answer #3

Under the Hindu Marriage Act, 1955, you can seek divorce on the ground of your husband’s impotence under Section 12(a) (voidable marriage) or Section 13(1)(ia) and (ib) for cruelty and desertion if applicable. Impotency is a valid ground when it leads to non-consummation of marriage. Since you have been living separately for 8 months, you may either file a contested divorce on these grounds or mutually agree for divorce under Section 13B once separation reaches one year. In a contested divorce, the case may take 1.5 to 3 years depending on evidence and court workload. A mutual consent divorce usually takes 6 months to 1 year. Medical evidence or doctor’s report regarding your husband’s impotency will strengthen your case. We can prepare the petition properly and ensure all facts are supported with documents.

Helpful?

Adv. Ashwin Garg Adv. Ashwin Garg

Delhi | 25+ Answers

Chat CONTACT NOW

Advocate Jitender Singh LawRato · Accepted Answer · 2025-10-25T07:49:57+05:30

Answer #4

If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.

Helpful?

Adv. Jitender Singh Adv. Jitender Singh

Delhi | 1000+ Answers

Chat CONTACT NOW

Advocate Paras Mahalwal LawRato · Accepted Answer · 2025-10-25T09:54:41+05:30

Answer #5

For mutual consent divorce, if both parties agree and the judge waives the statutory “cooling-off” period, the process can be as short as 6 months or sometimes even quicker, but generally takes about 6 to 18 months. For a contested divorce, the duration largely depends on court workload, the evidence required, and the cooperation of both parties. It typically takes anywhere between 2 to 3 years or even longer if the case is complex or there are appeals.

Helpful?

Adv. Paras Mahalwal Adv. Paras Mahalwal

Delhi | 50+ Answers

Chat CONTACT NOW