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Contested divorce in Hindu marriage act

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Divorce Cases

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Question: I want know about the contested divorce in Hindu marriage act? My husband is not willing to live with me. Therefore, I tried my best to convince him for the mutual consent divorce. But he has refused. Please advice how do I get divorce?

Asked from: Karnataka

Under the Hindu Marriage Act (HMA) 1955, you may be able to file for a contested divorce if your husband is unwilling to live with you. The grounds for a contested divorce under the HMA include:

  • Desertion: If your husband has deserted you for a continuous period of at least two years, you may be able to file for divorce on the grounds of desertion.
  • Cruelty: If your husband has treated you cruelly and made your life miserable, you may be able to file for divorce on the grounds of cruelty.
  • Mental disorder: If your husband is suffering from a mental disorder and is unfit for marriage and the procreation of children.
  • Leprosy: If your husband is suffering from leprosy.
  • Venereal disease: If your husband is suffering from a venereal disease.
  • Adultery: If your husband has committed adultery.

It’s important to note that in order to file for a contested divorce, you must provide evidence to support your claim. You should also consult a lawyer for guidance on the specific details of your case and the best course of action.

Additionally, you can also file a divorce on the grounds of mutual consent, where the parties have lived separately for a period of one year or more, and have not been able to live together.

In any case, it’s best to consult with a lawyer for guidance on the specific details of your case and the best course of action. They will be able to guide you through the legal process and help you understand your rights and options.

Contested divorce under the Hindu Marriage Act

A contested divorce under the Hindu Marriage Act (HMA) 1955, is one in which one of the parties does not agree to the divorce. In such cases, the court will hear evidence from both parties and decide whether or not to grant the divorce.

The grounds for a contested divorce under the HMA include:

  • Adultery
  • Cruelty
  • Desertion for a continuous period of at least two years
  • Conversion to another religion
  • Mental disorder
  • Leprosy
  • Venereal disease
  • Renunciation of the world
  • Not heard as being alive for a period of seven years or more

The party seeking the divorce must prove the grounds for divorce and the court will consider the evidence presented by both parties before making a decision.

Additionally, a contested divorce can also be filed on the grounds of mutual consent, where the parties have lived separately for a period of one year or more, and have not been able to live together.

It’s important to note that contested divorce can be a time-consuming and emotionally taxing process, and it’s always best to consult with a lawyer for guidance on the specific details of your case and the best course of action.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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