Girl Not Willing To Continue Relationship After 3years Of Separately L

907 votes

Hello Reader, In this case, the most peaceful and time-saving way to end the marriage is through a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. Eligibility for mutual divorce: Both husband and wife must have lived separately for at least one year. Both must agree mutually to dissolve the marriage. There should be no chance of reconciliation between them. Since your brother and his wife have been living separately for three years, the condition for mutual divorce is already fulfilled. Filing procedure: Two separate petition for divorce is filed before the Family Court having jurisdiction (where the marriage took place, or where either party resides). In the petition, both parties state that they have been living separately and mutually agree to dissolve the marriage. The court records the first motion statement of both parties. After a six-month cooling-off period (which can be waived by the court in genuine cases), both parties appear again for the second motion confirming their consent. The court then passes the decree of divorce, legally ending the marriage.

Advocate Piyush Kumar LawRato

717 votes

Yes, your brother can file for divorce even if his wife is not willing to give consent. Your brother can file under Section 13 of the Hindu marriage act. Since they have been living separately for 3 years, he can file on one or more of these grounds: Desertion – if she left him without reasonable cause for more than 2 years. Cruelty – if she caused mental or physical cruelty (includes refusal to cohabit or mental harassment). Irretrievable breakdown of marriage (recognized by courts in some cases even if not explicitly mentioned) Sometimes, the other party files cases like domestic violence or dowry harassment — so it’s best to be legally prepared and gather evidence of his innocence What You Can Do Now Collect evidence of: Period of separation. Communication attempts or refusal from her side. Any cruelty or mental harassment.

Advocate Hasnain Haider LawRato

632 votes

Upon the ground of desertion you can file the divorce but you need to present some more prudent grounds/ evidences for getting the decree of divorce. You can serve a legal notice to the girl and ask her whether she wants to live together with her husband or not, if she denies then you can offer her mutual divorce with permanent alimony, practically that would be a better idea in your case.

Advocate Diwakar LawRato