Seek Divorce, Never Cohabited with Husband in 13 Years of marriage

Question

Seek Divorce, Never Cohabited with Husband in 13 Years of marriage

05-Jul-2023 (In Divorce Law)

I am married in July 2007, but never stayed with my husband till date. i was college student then and went to my parents’ home after registered marriage in bandra court as per Hindu marriage act. We both are Hindus. it was a love marriage, i did at the age of 20. My parents did not know about this. we did it secretly with his family and friends. Being youngest of the family, i had to wait till my post-graduation and my elder sister's marriage. Apparently 4 years passed. i had promised him to live with him after these 2 events but did not go. i have been requesting him for mutual consent divorce since last 8 years but he is refusing and has put a mandatory condition to stay with him for 6 months after that if he is convinced that i can’t stay with him, he will divorce me in mutual consent. My marriage is consummated but no relation since last 9 years. i don’t have any valid legal grounds to file case against him. Plese help with advice.

Answers (4)

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Adv. Rohit Shaligram Adv. Rohit Shaligram

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Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2020-07-06T12:03:27+05:30

Answer #2

The conditions required under section 13B of the Hindu Marriage Act are as follows: (i) Husband and wife have been living separately for a period of one year or more. (ii) That they are unable to live together. (iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed

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Adv. Dhananjay Ravikant Gangawane Adv. Dhananjay Ravikant Gangawane

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Advocate Manoj Mulchandani LawRato · Accepted Answer · 2020-07-06T15:46:07+05:30

Answer #3

You can file divorce Petition as marriage is no consumed. In fact you have strong ground to say that from last so many years you both were not together. As you both can move further for mutual decree also but once you will go you can't move for contesting Petition.

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Adv. Manoj Mulchandani Adv. Manoj Mulchandani

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Advocate Sandeep Shamrao Pingale LawRato · Accepted Answer · 2020-07-09T20:33:07+05:30

Answer #4

You can file contested divorce petition in family court on the ground of desertion.You are living separately for about 8 years is a sufficient legal ground to get divorce degree.Therefore you can sent legal notice through lawyer to your husband.Thereafter you can file divorce petition in family court.

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Adv. Sandeep Shamrao Pingale Adv. Sandeep Shamrao Pingale

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