What is the process of filing a divorce by a wife if her husband does not consent to a mutual divorce?
2 Answers from Attorneys
dear client wife can file divorce on the grounds like desertion, cruelty against husband. for any legal help call me on 9422611385
ADV PRASAD PATIL
According to Hindu laws, if the spouse does not agree to divorce by mutual consent, you will have to contest the divorce. The grounds to contest a divorce are given under Section 13 of the Hindu Marriage Act, 1955. It would then be called a contested divorce. As the name suggests, you will have to contest it.
Generally, a contested divorce action begins with the filing of a petition to the appropriate court, usually the family court. The petition only requires the signature of one spouse. The petition should contain an allegation that the marriage has dissolved. Additionally, the petition should include any basis for the divorce, if the state's applicable statute requires such information to be contained in the document. The petition should only include those items required by statute.
Once the initial petition has been filed, the divorce action may proceed. Generally, the divorce action will include a review of the distribution of property and assets of the spouses, as well as a review of child issues if applicable, such as child support, child custody and visitation. The couple may agree about these matters, but they may be unable to reach a mutually acceptable agreement. As a result, a trial may be necessary in order to resolve these issues.
At the trial, each party must present evidence and prove the basis for the divorce and any other issues requiring resolution. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Party which files the case has to prove the case with support of evidence and documents. Once a determination on the divorce and related issues has been obtained, a judgment for divorce will be issued by the court.
I would advise you to consult a lawyer in this regard to guide you through the process. You can call me at 09555 507 507 or send me a mail at [email protected]