How to Divorce my Husband / Wife

हिंदी में पढ़ें
June 26, 2021
By Advocate Chikirsha Mohanty

In case of adivorce, either husband/ wife can file for divorce but only on specific grounds. While filing fordivorce, the husband/ wife has to state the reason behind the decision. There are various groundsindicated by the law which can be used asgrounds for divorceeither by the husband/ wife.

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Filing for divorce can be a devastatingprocess, especially since it involves the future of many lives. It's important to conduct research to make sure the procedure happens smoothly and you're satisfied with the outcome.

The article has been written for Hindu marriages covered byHindu Marriage Act1955.

In case things are not too good between husband/ wife, and either the husband or wife hasdecided to part ways legally, we list down the options you have to file for a Divorce under the Hindu Marriage Act 1955.

Both Husband and Wife Mutually want Divorce

Mutual Consent Divorcebetween Hindu Couple is governed by The Hindu Marriage Act, 1955, under Section 13B.

Which states that.- A petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Secondly, on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree.

Consult:Top Divorce Lawyers in India

One Spouse wants Divorce but other Unwilling

If you are married under the Hindu Marriage Act, 1955, you have severalgrounds for divorceprovided by the law itself. Here we are discussing all the grounds mentioned in Section 13 of the Act that you can base your case for divorcing your partner.

You can file for divorce in the following scenarios:

a) If he/she has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive;

b) If the husband/ wifehas after the marriage had voluntary sexual intercourse with any other person;

c) If the husband/ wifeis treating you cruelly;

d) If the husband/ wife has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition;

e) If the husband/ wifehas ceased to be a Hindu by conversion to another religion;

f) If the husband/ wifeis suffering from incurably of unsound mind or has been continuously or intermittently from a mental disorder that you cannot reasonably be expected to live with such a person;

g) If your husband/wife is suffering from a virulent and incurable form of leprosy;

h) If the husband/ wifeis suffering from venereal disease in a communicable form;

i) If your husband/wife has renounced the world by entering any religious order;

Some Additional Grounds Available for Divorce

The above-mentioned grounds are available for both husband and wife; however, there are some additional grounds that are available only forwife; For instance, if your husband has been found guilty of rape, sodomy or bestiality, you can ask for a divorce. Similarly, if your marriage whether consummated or not was solemnized before you attained the age of 15 years, and you want to divorce, you can do so.

Where to File a Divorce Petition?

The divorce petition may be filed at the family court which has jurisdiction over your matrimonial home, i.e. the home where you stay / last stayedas husband and wife after your wedding or at the family court at the place where the marriage had taken place.Women can file the petition either in the family court that has jurisdiction over the place the matrimonial home is located or the family court of the localitywhere she is residing at the time of filing of the petition.

Documents required for Filing a Divorce Petition

Some Documents that you may require for filing of a Divorce Petition are stated below:

  • Address proof of husband

  • Address proof of wife

  • Marriage certificate of the spouse

  • Four passport size photographs of the marriage of both the husband and wife

  • Evidence proving spouses are living separately for more than a year, for mutual divorce.

  • Evidence relating to the failed attempts of reconciliation.

  • Income tax statements for the last 2-3 years

  • Details of the profession and present remuneration

  • Information relating to family background

  • Details of properties and other assets owned by the petitioner

Decide the Outcome you Want to have fromDivorce

Divorce can take many forms. In some cases, it is amicable and relatively easy to bring about, but it can also get very complicated. What kind of divorce will bring about the results you want? Consider the following variables:

- Do you own property or other assets with your spouse that you plan to divide?

- Do you have children with your spouse, and will you be seeking custody?

- If you are seeking custody, will you also seek child support from your spouse?

- Consider creating adivorce mission statementso that you can clearly outline your goals and desires.

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Finding the Right Lawyer to File your Divorce Petition

Irrespective of the kind of divorce you wish to proceed with (Mutual or Contested), it's important to have acompetent lawyerrepresent/guide you with the nuances of the divorce procedure.

Schedule a consultation with an experienceddivorce lawyer.You can also use LawRato'sFree Legal Adviceservice to get free advice on your case from expert divorce/matrimonial lawyers.Even seemingly straightforward divorces can end up getting complicated, and a divorce lawyer can answer specific questions about your circumstances. Even if you end up representing yourself, a one-hour consultation with a lawyer will help you prepare better.

- Be prepared to talk about your goals and desired outcome.

- Bring the documentation you gathered on your assets and debts.

- Have a list of questions that are specific to your situation ready to ask the lawyer.



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User Reviews

4.5 - 22 reviews

Thanks for the details. Very helpful for my divorce case.

Pinky on Sep 04, 2021

Nice article. Lot of information about divorce.

Sharad on Sep 22, 2021

Is it necessary to attend court in divorce case. Please let me know

Kirti on Sep 10, 2021

Can I file for divorce without coming to India?

Ajay on Sep 14, 2021

Need a divorce lawyer. Who shall I contact?

Neha on Oct 08, 2021

good article. Please provide more info

Payal on Sep 17, 2021

great content. Thanks.

Abhijeet on Sep 13, 2021

good work

Anisha on Sep 18, 2021

very good article. Please provide more information on the subject

Indu on Sep 19, 2021

great advice. Thanks

Sunitha on Sep 30, 2021

Nice piece on the subject.

Kapil on Sep 17, 2021

thanks for the information

Manisha on Oct 10, 2021

thanks for the information

Mahendra on Oct 03, 2021

Had a good time reading the article.

Sarika on Oct 05, 2021

needed some more information on the subject.

Madhuri on Oct 05, 2021

I have legal query. Who can I call?

Sarika on Sep 14, 2021

needed legal advice…who to call

Manohar on Sep 05, 2021

very informative.

Rishi on Oct 12, 2021

good work

Deep on Oct 16, 2021

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Chirag on Sep 12, 2021

very good article. Can you tell me more about the law?

Navin on Oct 01, 2021

good article. Can you give some more detail on the issue.

Rahul on Oct 08, 2021