What is 13(1) a, how long does it take to get divorce. What would be the cost for it.
2 years ago
What is 13 1 a, how long does it take to get divorce. What would be the cost for it.
A.Hello Client,
Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce with the help of divorce lawyer U/s Section 13. The Hindu Marriage Act, 1955 provides two ways to obtain divorce from your spouse.
one of them is Contested Divorce- contested divorce is when you want a divorce against your spouse, U/s Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India. there are 9 major grounds.
13(1)(ia)states that any marriage solemnized, whether before or after the commencement of the 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. also, the ground was that the spouse was treated with cruelty.
Contested divorce takes 2-3 years more or less depending upon the circumstances that both the parties be present on every date. if You want to dissolve the marriage as fast as possible then you may also try to have a mutual divorce with the spouse which you can convert this petition into a mutual one.
Thank You.
Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce with the help of divorce lawyer U/s Section 13. The Hindu Marriage Act, 1955 provides two ways to obtain divorce from your spouse.
one of them is Contested Divorce- contested divorce is when you want a divorce against your spouse, U/s Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India. there are 9 major grounds.
13(1)(ia)states that any marriage solemnized, whether before or after the commencement of the 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. also, the ground was that the spouse was treated with cruelty.
Contested divorce takes 2-3 years more or less depending upon the circumstances that both the parties be present on every date. if You want to dissolve the marriage as fast as possible then you may also try to have a mutual divorce with the spouse which you can convert this petition into a mutual one.
Thank You.
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A.Hello Sir
Section 13(1)(ia) of the Hindu marriage act talks about divorce on the basis of cruelty by either of the spouse.
This is one of the main reasons of divorce among the parties to the marriage. Domestic violence and cruelty has taken a rise in the past few years. According to Section 13(1)(ia) of the Act , if any person, after the solemnization of his or her marriage has treated the other with cruelty then that person can file a suit for divorce in the court of law. For example, A, the husband of B, always hits B for no particular reason , B can file a suit for divorce in the court of law.
Also to get a divorce decree it would take around 3 years.
Thanks
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Section 13(1)(ia) of the Hindu marriage act talks about divorce on the basis of cruelty by either of the spouse.
This is one of the main reasons of divorce among the parties to the marriage. Domestic violence and cruelty has taken a rise in the past few years. According to Section 13(1)(ia) of the Act , if any person, after the solemnization of his or her marriage has treated the other with cruelty then that person can file a suit for divorce in the court of law. For example, A, the husband of B, always hits B for no particular reason , B can file a suit for divorce in the court of law.
Also to get a divorce decree it would take around 3 years.
Thanks
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
(1) Any marriage solemnized, whether before or after the commencement of the 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.
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty .
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. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.
Thanks
Please rate if you find this advice helpful.
(1) Any marriage solemnized, whether before or after the commencement of the 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.
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty .
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. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.
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Sidhaarth
Responded 2 years ago
A.Generally it takes minimum three years in such divorce case under section 13(1) (i-a) HM Act to get its finality in trial court. However, maximum time cannot be predicted. As such there is no price index for advocate fee. Filing, court fee etc would be coated for Rs. 10000/- excluding advocate fee.
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