Husband file for divorce as wife harasses mentally & financially

900 votes

There are two types of divorce cases:-

(1) Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955

In this type of divorce, both husband and wife should be agree and should file a joint petition for divorce.

This type of case takes maximum 7 months to be completed and there is no need to prove grounds for divorce against opposite party as this is a divorce by mutual consent.

(2) Regular divorce case under Section 13 of the Hindu Marriage Act, 1955

This divorce case is filed when opposite party is not agree to give divorce, and the party filing divorce case has to prove at least one of the grounds provided for divorce under Section 13.

If your spouse disagrees to get divorce by mutual consent, you can prove physical, emotional and financial cruelty in the divorce case filed under Section 13 of the Act.

Advocate Sandeep Naik LawRato

625 votes

Everything that can be created by law can also be ended by law. Marriage is no exception. It is possible to end a civil union by divorce.

There are various factors will taken into consideration while filing a case for divorce. They are:-Duration of marriage, Martial Relationship, Behaviour of the spouse with partner/in-law, etc.

Divorce can be obtained by two ways:

Divorce by Mutual Consent - When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together.

Contested Divorce - A man can seek Contested Divorce if his wife puts pressure on him for abandoning his parents, beats or torture him and demands a fixed sum every month for personal expenses. Following are the grounds available for filing the decree of divorce –
1. Cruelty (Physical & Mental Harassment)
2. Adultery
3. Conversion
4. Desertion
5. Unsoundness of mind

Advocate Nitin Agarwal LawRato

980 votes

महोदया, आपके पति के विरुद्ध हिन्दू - विवाह अधिनियम के अंतर्गत तलाक ले सकती हैं । यदि आपको पति से भरण - पोषण भी लेना हो तो वह भी लें सकती हैं ।और यदि पति को सबक सिखाना चाहती है तो ओर भी मुकदमे दर्ज कारवाँ सकती है । फोन पर म संपर्क करें ।

Advocate Sushil Kumar Gothwal LawRato