I want divorce from my husband who lives in Bareilly what grounds can I file on
JA Asked by Jaya Lakshmi from India
Quick Answer
You can file for divorce in Bareilly on various grounds as provided under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your marriage type.
Detailed Legal Analysis
You can file for divorce in Bareilly on various grounds as provided under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your marriage type. Below are the grounds for divorce that you may consider:
- Adultery (Section 13(1)(i)): If your husband has engaged in an extramarital affair, this can be a valid ground for divorce.
- Desertion (Section 13(1)(b)): If your husband has deserted you for a continuous period of two years or more without reasonable cause.
- Cruelty (Section 13(1)(ia)): If your husband has treated you with cruelty, which may be physical or mental, making it unbearable for you to live together.
- Conversion (Section 13(1)(ii)): If your husband has converted to another religion and has ceased to be a Hindu.
- Mental Disorder (Section 13(1)(iii)): If your husband is suffering from a mental disorder that affects his ability to live with you.
- Incurable Disease (Section 13(1)(iv)): If your husband is suffering from a virulent form of leprosy or any other incurable disease.
- Non-fulfillment of Marriage Obligations (Section 13(1)(v)): If your husband has not fulfilled his marital obligations for a period of one year.
To initiate the divorce process in Bareilly, follow these steps:
- Consult a Lawyer: Seek legal advice to understand your rights and options.
- Gather Evidence: Collect any necessary documentation or evidence to support your claims, such as photographs, messages, or witness statements.
- File Petition: Draft and file a divorce petition under the appropriate section of the Hindu Marriage Act or Special Marriage Act in the Family Court of Bareilly.
- Serve Notice: Ensure that the notice of the divorce petition is served to your husband.
- Attend Court Hearings: Be prepared for court hearings and provide evidence as required. You may need to attend multiple hearings.
- Obtain Decree of Divorce: If the court is satisfied with your grounds, it will issue a decree of divorce.
Ensure to also consider aspects like maintenance and child custody during the proceedings, as they can significantly affect the outcome and your future. It is advisable to engage with a qualified legal professional to navigate these complexities effectively.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.