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Procedure to file for the divorce on the ground of cruelty


I am married for 9 years now & have a son of 3 years .My husband does not support me financially and he does not keep me with my mother-in -laws place. He stays with his mother for 5-6 days a week & meets me once or twice a week mainly on weekends.He hardly delegates any responsibility. He does not earn money , instead he takes money from me often. We do not have any conjugal life as he is unable to satisfy me physically too. I want a divorce from him . What are the procedures. What will happen if he is unwilling to give me divorce. Pls advice


Answers (5)

You have 100% strong ground for divorce in any court of law in our country. Hence, do not get scared or nervous on any matter whether financial or not. In accordance with law, compulsory waiting period is six months from first signing and second and final signing, in case your case falls within divorce by mutual consent and not ordinary divorce viz divorce that comes after long and heated examination-in-chief and cross-examination. Your case easily falls within divorce by mutual consent even if do not professionally engage an advocate to fight your case and appear in person in Court. I would suggest you fight your own case in person in court for divorce by mutual consent. You are guaranteed 100% success in Court.


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You filing divorce is a gross wrong step, if your husband files RCR, you will be stuck for years, even if husband does not earn he has to pay maintenance for child no escape route, if he takes money from you pay by way of NEFT, you need to make a plan to pull him down, any wrong decision can lead you to years of litigation.

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Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. 

Contested divorce in India is a formal way of seeking divorce from your spouse who is not agreeable to the idea of divorce. Contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with divorce. Importantly reasons for contested divorce are not your personal choice to come out of the relationship. Reason should be one which is attributable to your spouse whose conduct, actions, omissions and failure to discharge expected reasonable behaviour that has annoyed you to the extent that you come to a conclusion that living together is not possibility.

Law provide various grounds to seek divorce from your spouse. Grounds for contested divorce, which are commonly used are:-

Divorce on the ground of cruelty.Divorce on the ground of adulteryDivorce on the ground of desertion.

Beside above, there are various other grounds such as unsoundness of mind, civil death, etc. to seek and start contested divorce in India

If you are belonging to the Hindu religion then you have to file a Matrimonial Suit before the competent LD. District & Session Judge U/S.- 13(1). Of H.M.Act. and if your husband does not contest and or written objection against you then you will get expartee divorce from the LD. Court.

If your husband agreed for divorce then file a joint petition for divorce by mutual consent. And if your husband is not agreed for divorce then file a contested divorce petition.
And file a case under section 125 of the Cr. P. C for your maintenance.


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