What can a girl do to get divorce from the guy if he is not ready

521 votes

You can not file for divorce before completing an year of marriage. In case the Husband does not agree, then you can file a divorce petition in the Family Court and seek divorce from Court. There are various grounds in law under which you can seek divorce.

Advocate Kanika Bhutani LawRato

835 votes

Since the husband is not ready to give divorce, divorce by mutual consent is out of the question. Section 13 of the Hindu Marriage Act lays down other grounds for divorce under which a divorce petition can be filed. They are as follows:
> Cruelty (either physical or mental or both)
> Desertion
> Unsoundness of Mind (if the spouse is suffering from incurable soundness of mind and the same has lasted for three years of more till the date of filing the petition)
> Conversion (if the spouse ceases to be a Hindu)
> Leprosy (where the spouse has been suffering from virulent and incurable leprosy)
> Venereal disease (if the spouse is suffering from any sexually transmitted disease)
> Presumption of death (if the spouse has been missing for more than seven years and no one is aware if they are alive or not, the petitioner can file for a decree of divorce)

If any of the grounds apply to the present case, the wife can file for divorce. However, since the Hindu Marriage Act aims to protect marriages, sufficient time of separation will have to be proved when the couple did not inhabit in the same home, and time will be granted by court to reconcile the differences that have led to falling apart of the marriage. Further, the burden of proof in such cases would be on the person who files for the divorce.

Advocate Mishika Singh LawRato