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What's The Minimum Time Required To File A Petition For Divorce
24-Apr-2023 (In Divorce Law)
I married my wife on 18 May 18. Since then we had divergence of view, living style, mentalty , indifferent attitude of wife towards husband. More over her refusal to continue in her matrimonial home with in laws. Further since 31 Dec 18 she has deserted her matrimonial home and husband, with out informing her where about. In this scenario how quickly i can get divorce from her. She is unwilling to go for mutual consent divorce also. Please advise.
Dear Sir,
If you like to file divorce on the ground of mental cruelty there is no cooling period but if you like to file divorce petition on the ground of voluntary desertion you have to wait for 2 years. Please read the following law:
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Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]
16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
If you like to file divorce on the ground of mental cruelty there is no cooling period but if you like to file divorce petition on the ground of voluntary desertion you have to wait for 2 years. Please read the following law:
=========================================================================
Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]
16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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To file divorce, there should be minimum separation of 1 year.
However the trpe of separarion, and calculation of separarion period is debatable.
Please consult with Lawyers along with documents such as Marriage Certificate, invitation card, etc
However the trpe of separarion, and calculation of separarion period is debatable.
Please consult with Lawyers along with documents such as Marriage Certificate, invitation card, etc
Helpful?
Adv. Sandeep Hegde
Bangalore | 100+ Answers
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