Divorce Divorce

2 years ago

We both are unhappy in our marriage since 2012 but she doesn't want divorce.
I have been struggling emotionally and it's taking a toll on me.
Can I get divorce if I file for it.

Please advise

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap apni wife se divorce le sakte hai.
Mutual divorce section 13 B hindu marriage act
Section 13 a.b.c.d.etc hindu marriage act me kuch sharte rakhi gai hai unke aadhar par divorce le sakte hai.

Agar aap court ko aapke dwara lagae gae aarop proof kar dete hai. Court aap ki divorce ki petition allowed kar sakti hai.
Aapki wife ko bhi aap ke dwara lagae gae aarop ka jabab dene ka adhikar milega.
Lamba procedure hai.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.You have only remedy to file divorce case and your wife has right to oppose and counter your divorce petition beside to adopt other legal courses. If court finds merit then court can pass decree allowing diviorce otherwise court can dismiss divorce petition. Thereafter there is provision of appeal, second appeal etc. Try for divorce by mutual consent which is speedy also.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Emotional abuse false under the category of mental cruelty, which is a valid ground of divorce. Mental cruelty by verbal means and the conduct is also a ground for divorce. There are caselaws which classify certain action as mental cruelty and it is always decided based upon the facts of the case. Your divorce would depend on the facts and circumstances of the case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
You can approach the court for divorce on the grounds of mental cruelty and emotional abuse and trauma.
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