What are the grounds on which divorce can be got easily?

Question

If there is mutual consent is there possibility of getting divorce soon even if it is so how many months will it take. 4 yrsof marriage have been completed. Harrassment by husband / physical abuse, can be the reasons for getting divorce soon. What is meant by family court. Can this be dealt in the family court. Maximum how many months it will take.

No children involved . Can the reason that husband is having the habit of stealing money /jewels etc be a strong one or sexual dissatisfaction

as per Indian law

Answer 1

Yes divorce by mutual consent is the easiest, no evidence required in such case & most time saving ground for divorce between the couples who have to file a joint petition for such divorce on the basis of which the Family courts gives at least six months time for them for reconciliation & after the expiry of this six months time period if they fail to change their plans of divorce the decree for divorce is issued. This provision of divorce by mutual consent is available under section 13-B of the Hindu Marriage Act, 1955 for the couples who are Hindus & married by Hindu form of Marriage. This divorce can be applied only after one year of such a marriage. In your case if both of you are agreed for such a divorce then you both can do so as 4 years have passed in your marriage. The maximum period for such a marriage can be any where between 6 to 8 months, but presence of both of you is required at the time of filling of this petition as well as on the date of order of divorce. If you don't go in for divorce by mutual divorce then grounds of cruelty as you state can be used for getting divorce, the act of harassment, stealing, sexual dissatisfaction etc can be reason amounting to physical; as well mental cruelty.

Answer 2

Mutual consent does exist, where in both the parties agree for divorce. But if you have children, better do not divorce as it'll affect the upbringing of children. Also the court always looks from the angle of children & their future.
If you do not have children, then you can file the petition. But at the same time you need to have sufficient proof that you were harassed & abused. You cant file a wrong petition.

Other grounds can be Adultery, Desertion, Renouncing the world, Impotency, Suffering from a serious epidemic disease,Mental Cruelty.

In my opinion, to start of with, it is better for you both to go for a counseling. There are marriage counselors available, they can talk & really find out the reason for this behavior.
Even if you file a petition, you both have to live separately for 6 months (in case of mutual) ). Again after 6months you would be called and asked if you want to proceed with divorce or you want to live together.

Think well, before you take any step.

Answer 3

Really confused what you are asking here ? Are you shopping for excuses to get a divorce ? I mean he is willing to mutually consent for a divorce, he is harrassing you and doing physical abuse. Plus he is a thief and also does not satisfy you sexually ? Man , it all sounds fishy to me.... If ANY of the above is true, then mutual consent should be the fastest in my opinion.

Answer 4

hi dear I am a lawyer in India take this information:
If u are a Hindu by religion, you are governed by Hindu marriage Act. if both husband and wife mutually agree to get divorce it is the easiest way to get separated and it is also in a very short term of 6 months. if you have reasons you may get the divorce order much earlier. For mutual divorce you need not have any grounds. desire to get separated itself a sufficient ground.
if you really need further information in detail you can contact me.

Answer 5

U do not tell us the actual reasons for asking divorce. If actual reasons are reasonable anybody will give a good suggestion.Family court people will not allow U to separate for minimum one year. They will send both of you for counselling and extend your petition 2 times minimum of 6 months each time. Go for real reason and answer . Yours VRVRAO

Answer 6

Dear sabhi,
you have sufficient ground to ditch that fellow.
1) Physical abuse
2)Mental torcher
3)Rape
4)Theft
5)Loot
all this things as per Criminal Procedure carry sevear Punishment.
At the same time, register a case against him and shift out to your parents home/any other accomodation un known to this guy.
If he too sign up the divorse documents it would hardly take 4-5 months
Approach some good lawyer, spl female.

Answer 7

I'm sorry to hear about your situation sweetheart.............the answer to your question is yes. It's called " uncontested divorce" there are allot of places who do it. You"re right about where divorce cases are taken. I'll give you some tips about things............all that stuff about your soon to be ex, the stealing, whatever else, you can't bring that in. The abuse,both physical, and mental, can be. The other stuff would be considered criminal, not relevant. I can't tell you how long it will take, but get started.........LATER...........

Answer 8

You didnot mention what part of the world you live in!!!!!

Your best bet is to hire a good lawyer. Good Lawyer means who is well known and is not a money hungry shark. Your divorce should be quick as long as you and your soon to be ex agree on assets division.

Good Luck.

Answer 9

Dear Sabitha, Divorce is not a good subject, If you can adjest with your husband that is better. Life is so little, mind it. Are you sure this cituvations not happened in your second marriage?.I think 90% of family life is an adjestment.

Answer 10

First of all I would contact a Lawyer that gives free consultations and ask for the best way. If both of you want out of your marriage. Go to the county court house and ask them.