One Spouse wants a divorce under Hindu Marriage Law

Last updated on Jun 1, 2022

Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to the Court to hear you.

Your spouse can deny these reasons and tell the Court why he or she does not want the divorce.

Under the law, you can file for divorce only after one year of marriage.

One Year Period

If you want to file a divorce against your spouse, then under the law you have to wait for a period of one year from the date of the marriage to file for a divorce.

For example, if Jitendra and Vahida got married on the 9th of January, 2018, Jitendra has to wait till at least 9th of January, 2019 if he wants to file a divorce against Vahida.

Exceptions to the One Year Period

Although the law gives a waiting period of one year, there are certain reasons by which the parties can go to Court before this time limit, such as:

  • Exceptional hardship to one of the spouses. For example, if your husband or wife is physically abusing you every day, then you can go to Court to file for a divorce.
  • Exceptional depravity to one of the spouses. For example, if your husband or your wife is asking you to do humiliating sexual acts.

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Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

Conversion of religion from Hinduism

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Apart from divorce, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.

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The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order.

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