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Divorce Cases

Separation by agreement

Can we live separate by our agreement instead of a decree of judicial separation? Parties to the marriage want to live separate without filing a petition of judicial separation or divorce they can do so by an agreement called separation by agreement. Parties are not under a legal obligation to...

Husband left country after filing of divorce case

My husband left country after filing of divorce case. I filed for divorce in March 2015 on grounds of cruelty and dowry with my husband, also he is impotent and gay. A criminal case was also registered against him and my in-laws who harassed me mentally and financially, but in May 2015 he has left...

Nullity of marriage

I am not happy with my wife and I want to end our relationship. I heard about the nullity of marriage if the husband is not happy. Am I right and if so please advice to end my relationship and nullify my marriage. On the fulfilment of certain conditions, Hindu marriage becomes null and void....

Divorce under Hindu marriage act

How many ways a Hindu marriage could be dissolved? The divorce came into force with the codification of The Hindu Marriage Act 1955 (HMA). First time recognized divorce under the Hindu marriage act. Before 1955 divorce was not recognized in Hindu law except by some custom prevalent in the certain...

Consent theory of divorce

I want the divorce, therefore, I contacted an advocate to file a case under section 13 of the Hindu Marriage Act. He advised me that if my wife is ready to give divorce then I should move a petition under section 13b. However my wife is also ready to separate from me, but I want to know what is...

Guilt theory of divorce

I want to know the guilt theory of divorce. My wife and I are want to take divorce through our free will. There is no dispute between us but we think that our views are different. When I contacted an advocate for divorce on the free consent of the parties. But he said that without proving the...

Irretrievable breakdown of marriage

Irretrievable breakdown of marriage in India especially in respect of Hindu Marriage Act. Basic Principle The No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. It allows a family court to grant a divorce in response to a...

Divorce by mutual consent

Section 13-B, Hindu Marriage Act: Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together, whether such marriage was solemnised before or after the commencement of the...