I was forcefully married to a girl , can I divorce her if so how
1 month ago
My marriage was fixed last month by both of our parents and I have repeatedly told my parents and the girl I was suppose to marry that Iam not Interested in this marriage and our family had cancelled the wedding , but later the girl family came to our home and beaten me and threatened my family that they will put dowry case , compensation case and will not let my post graduation study to finish and will kill me and my family members if we don’t marry her …so out of force and my family pressure to save everyone …I got married to that girl last month and we are not in attachments physically,mentally,emotionally from the day we got married …it’s been 1 month since I married that girl … how can I divorce her ? On what grounds?
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act states that no one is allowed to file for divorce within one year of their marriage. In case of mutual divorce, more than one year of separation is mandatory. The husband and wife must have been residing separately for at least the past 1 year. In case of a contested divorce, a mandatory 1 year period of separation is not required. However, an application for judicial separation can be filed under Section 10 of HMA 1955 at any time after marriage. Judicial separation is a temporary suspension of marriage. Under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954, a contested divorce or one-sided divorce can be sought on the following grounds: Cruelty: Physical or mental abuse inflicted by one spouse on the other. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court/Family Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. Hence, It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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