Grounds under which wife can seek divorce as husband not interested


Hi, I am a Hindu married to a Christian under the Christian Marriage Act for 8years. I was made to convert to Christianity for he marriage. However, I am still a practising Hindu. My husband is financially and professionally unstable, and to some extent dependent on me financially. We have no kids (because of my gynaecological complication). If he is not willing to divorce me, how can I seek a divorce ‘at the earliest’? Please advise!!


Answers (3)

Hello pls clear some issues ...ki apki marriage hindu marriage act k according h ya Christian marrage k act mai...or apke husband apse divorce lena chahte h ki nhi. .


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As your marriage was solemnised according to the Christian form under the Indian Christian Marriage Act, 1872 with a Christian man you can apply for divorce under section 10 of the Divorce Act,1869 .
The grounds for divorce as provided under this provision includes the act of cruelty by him on the basis of which your living with the person is harmful and injurious for you to live with him.
As far your financial support to him is concerned that you should stop immediately. Under the Divorce Act,1869 only the wife and not husband is eligible to seek maintenance/alimony during the pendency of the main petition of divorce u/s 36 of the Act or permanent alimony at the time of decree u/s 37 of the Act.
You can even file criminal complaint against him for domestic violence under the Protection of Women from the Domestic Violence Act,2005 for cruelty and harassment inflicted by him for which you can seek compensation and protection order against him so that he keeps way from you and stop disturbing you during the pendency and thereafter the divorce proceedings.
Once you move for legal action against him, he will come for compromise and will amicably agree for divorce by mutual consent for which he refuses now.

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Hi.
You can file a divorce on various grounds. Your facts need to be clearer for the same.
Grounds for divorce for a woman are.
1 Cruelty
2 Adultery
3 Dissertion
4 Impotency
5 Conversion
6 Communicable disease like leprosy.
7 Renunciation of world.

Please discuss the facts in detail for a genuine advice.

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