Wanted to file for divorce form husband

989 votes

Hello madam, Marriage is a sacrosanct in nature and not contractual.Please clarify the ground on which you are intending to seek divorce from your husband. The Courts shall not grant divorce that easily unless there exists a valid and just ground. Eg. Adultery. However if both Wife and husband are not residing under a single roof as husband and wife for a continuous period of one year, you people can opt for Mutual Consent divorce.

LawRato LawRato

555 votes

Madam, It is possible to get divorce from your husband if you have valid grounds and reasons. The court will not grant divorce just because you don't want any relationship with your husband and children. You need to file a petition for divorce in the jurisdictional family court under any of the grounds mentioned below ( Assuming that you are Hindu) 1. Adultery – The act of indulging in sexual intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. 2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. 3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. 4. Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. 5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and therefore cannot be expected from the couple to stay together. 6. Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground. 7. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases. 8. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order. 9. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse need to file a divorce if he/she is interested in remarriage. 10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. The court will after proper adjudication of the case grant you the decree of divorce. Feel free to contact me if you need further clarification.

Advocate B. Srikiran LawRato

771 votes

Hi You can file for divorce and at the same time also grant custody and guardianship of your children to your husband. No person can force a wife or husband to live together forcefully. A person is free to file for divorce on grounds such as cruelty, adultery, illness, irretrievable break down of marriage etc. Depending on your reasoning for divorce, you can file for divorce. A divorce proceeding will take about 18 to 24 months depending on your place of filing the case.

Advocate Rajagopalan LawRato

923 votes

Hi, This reason will not be accepted for divorce and separation that your husband is not listening. What is the age of your children now and you can talk about the issue with them as being a family member all have to adjust. Call us through website for assistance

Advocate Mohammed Abdul Quadeer LawRato