A.
Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. Section 13(1)(ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. Mediation and counseling can help resolve disputes amicably without prolonged litigation. On the appeal of either spouse in a divorce case and based on the factual matrix of the case, courts often recommend or mandate mediation before proceeding with a contested divorce petition. Mediation helps by resolving disputes amicably outside of court. It addresses issues such as alimony, child custody, and property division through mutual agreement, which can significantly reduce the time spent in litigation. An out-of-court settlement, documented and approved by the court, can expedite the divorce process. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides, praying for a decree of divorce. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. Consult with an experienced Lawyer well-versed in family and divorce law who can represent your case effectively in court.
Posted On 12-Jan-2026
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