You can file a petition under section 13 of Hindu marriage act on court, on the ground of cruelty. And you have to plead and prove the cruelty, and you can obtain decree of divorce, even though your husband is not ready.
How can I get divorce if my husband refuses in India?
According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. you can even file for divorce if the other party is not willing to get a divorce- this is called, ‘Contested Divorce’.
What happens when one spouse doesn’t want a divorce in India?
If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.
What happens when your husband doesn’t want a divorce?
If your husband doesn’t want to give you divorce than you can file divorce case on basis of desertion and cruelty and dowry . … than court will decide and you can get divorce .
Can my husband divorce me if I don’t agree?
You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.
Can husband and wife live separately without divorce?
When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated. … Once you’re separated and have made basic agreements about your joint assets and debts, you don’t have to divorce right away.
What is the minimum time to get divorce in India?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
Can I get divorce without any reason?
Divorce Without Mutual Consent:
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.
What is the new divorce law in India?
Waiving of 6 Month Mandatory Period
When couples approach the court for divorce under Section 13B(2) of the Hindu Marriage Act, 1955, the court grants six months for rehabilitation. Section 13B(2) deals with divorce by mutual consent. The purpose behind granting six months period was to save a marriage.
On what grounds husband can file divorce?
The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.
What happens when only one spouse wants a divorce?
The truth is that if one person wants a divorce, it can happen. … The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.
What happens if only Wife Wants Divorce?
If you do not wish to end the marriage then you can contest her case for divorce by engaging a lawyer. Court will not grant her divorce until and unless she proves the grounds of divorce. If she is not willing and you have no option to salvage the marriage go for mutual consent divorce.
Can court force wife to stay with husband?
1. No court can compel either husband or wife to live with his/her spouse. You have every right to stay separately from him.
What do I do if my wife is not ready for divorce?
Procedure in case wife is not ready to give divorce
- 57 votes. there are certain provisions in Hindu marriage act for divorce. …
- Hi. You can apply for divorce under cruelty ground . …
- Make her understand through a person who knows her in and out. …
- You will have to approach the court and file for divorce on the grounds of cruelty.
What do you do when one spouse wants a divorce and the other doesn t?
What to Do If Your Spouse Wants a Divorce
- Act as though you will move forward with confidence. …
- Allow your spouse to come to you with questions or concerns. …
- Be your best self. …
- Behave respectfully toward your spouse. …
- Do not engage in arguments. …
- Get help. …
- Give your spouse some space. …
- Keep busy.