Spouse not ready to file consented mutual divorce
8 months ago
I filed the divorce in 2021 and was withdrawn because my spouse requested to give her a chance. One of the reason I filed in 2021 still continutes in 2023 and she has been lying to me till I find the details myself and confront her. I have sleepless night and stress. how I can proceed if she is not ready for mutual divorce.
A.Dear client,
Under the Hindu Marriage Act (HMA), 1955, the husband and the wife have been given the option to file for a mutual consent divorce. However, if your spouse is not agreeing to mutual consent divorce, you may file a divorce petition on the ground of cruelty provided under Section 13(1) of the Hindu Marriage Act, 1955.
Cruelty as a Ground for Divorce
Not every matrimonial conduct that annoys the spouse can amount to cruelty. Mere irritations or quarrels between spouses are not cruelty. In matrimonial life, cruelty can be both subtle and glaring. It may either be violent or non-violent and constitute both words and gestures.
The conduct claimed to be cruelty in the divorce petition must be grave enough to prove that it is not reasonable for the spouse who files the petition to continue the marriage. It must be a conduct more serious than the day-to-day quarrels of married life.
It is not essential for only physical cruelty to be present for filing a divorce petition. Mental cruelty is ground enough. Mental cruelty includes using verbal abuse, which leads to the constant mental disturbance of the petitioner.
Under the Hindu Marriage Act (HMA), 1955, the husband and the wife have been given the option to file for a mutual consent divorce. However, if your spouse is not agreeing to mutual consent divorce, you may file a divorce petition on the ground of cruelty provided under Section 13(1) of the Hindu Marriage Act, 1955.
Cruelty as a Ground for Divorce
Not every matrimonial conduct that annoys the spouse can amount to cruelty. Mere irritations or quarrels between spouses are not cruelty. In matrimonial life, cruelty can be both subtle and glaring. It may either be violent or non-violent and constitute both words and gestures.
The conduct claimed to be cruelty in the divorce petition must be grave enough to prove that it is not reasonable for the spouse who files the petition to continue the marriage. It must be a conduct more serious than the day-to-day quarrels of married life.
It is not essential for only physical cruelty to be present for filing a divorce petition. Mental cruelty is ground enough. Mental cruelty includes using verbal abuse, which leads to the constant mental disturbance of the petitioner.
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