if your friend wants to terminate the matrimonial knot, then,

she is advised to try to settle the matter amicably with the husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with the wish,

(i know that the efforts for MCD fails earlier)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim

Domestic Violence case/maintenance case (for causing mental, emotional, physical and monetary abuse, etc)

you have rights to claim residence, protection, compensation, maintenance,

if you do not want to opt the divorce presently, you can ask for judicial separation also,

You can also file a contested divorce on the grounds of mental cruelty, beatings, character assassination, etc but it will take many years, 

You can Call/mail for a detailed discussion/understanding

File for divorce on grounds of mental cruelty 

2)in divorce petition mention details about physical and mental torture undergone by girl from her husband 

3)enclose call recordings , messages etc exchanged with husband to prove allegations of mental cruelty 

If she's able to manage with him for a mutual consent divorce then it would be better and a relief within short time. 

If he doesn't agree for mutual consent divorce then she may first file a DV case seeking protection. 

Then she may file a contested divorce case on the grounds of cruelty. 

It's better if you both get mutual divorce

1. A marriage can be broken by way of mutual consent divorce for which both parties need to agree.

2. if as it appears in this case the husband does not agree then the lady can file a contested suit for divorce wherein she has to allege the incidents of mental and physical cruelties and if those allegations are proved the curt can rant her decree of divorce.

3. To escape her embarrassments she can file case u/s 498 A IPC and case under PWDV Act which grants maintenance as well. 

4. These cases takes several years to end.

1. MCD requires a positive agreement to be reached between spouses on al outstanding issues.

2. If there is no agreement on MCD then only remedy in the hands of your friend is to unilaterally file for dissolution of marriage on the ground of cruelty.

3. It may take up to 2 years.

4. Her own testimony corroborated by some other witness is ordinarily sufficient.

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

File divorce case on past domestic violence and file for alimony too. Under crpc 125 maintenance.

One can't get butter from jar inserting straight finger , has to make bend the finger than only get butter.

Dear Querist, 

The mutual divorce can only be filed when both the parties present the petition for the divorce. However, in your case it does not seem that the boy side will consent for it. Under section 13(1) of the hindu marriage act, divorce can be filed on the ground of crulelty, be it may be a physical and mental cruelty. you will be need to provide the poofs as to what led to the situation that the wife has to left the matrimonial house. the witnesses and the proofs of the cruelty etc. 

You can contact me for consultation and the filing of the divorce. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

They not not agree easliy for MCD. Need to create pressure on them to agree to her terms. And this can be done by filling FIR of domestic violence and dowry demand.

Also file petition under protection of women from DV act, Court will grant alimony and protection orders ( constant fear of being attacked or harassed by the boy)  ---- Court will direct nearby PS SHO, to provide protection form boy.

Once pressure will crate, than only will agree for MCD. - Waiting will only consume time.

File divorce on the ground of mental and physical cruelty till than.

.

Dear Madam,

It is better to file a divorce case on the ground of cruelty of husband.

By abusing, by threatening for life or harm to the children/parents, by depriving him/her of food, by doing melodrama in front of relatives/family/friends, by not letting him/her meet the parents, by not being available physically/sexually etc. Anything which is not physical/economical and which involves torture of mind and leads one to have an abnormal/threatened state of mind is mental cruelty.

Divorce on grounds of cruelty has two forms one is the physical cruelty and other form is the mental cruelty, the physical cruelty is easier to prove as direct evidence is easily available, medical records, witnesses etc. But what about mental cruelty? how one can measure or see emotions like disappointment,fear, frustrations etc. which is caused by other spouse.How a marriage becomes mentally suffocating and its difficult to see the other spouse. Physically to the outside world the spouse seems to be proper but harsh reality in today’s normal world.

Indian courts also don’t have straight jacket formula to come up with the solution that to assess what is mental cruelty and what is not, mental cruelty highly depends upon cases to case and circumstances of each martial relationship.

Dastane v. S. Dastane reported in (1975) 2 SCC 326 at page 337, para 30 observed as under :-

“The enquiry therefore has to be whether the conduct charges as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent.

Contested divorce proceedings take 5 years to be disposed of 

2) there are lakhs of cases pending merely because wife wants to remarry is no ground for expedited hearing 

3) wife has to prove allegations made in divorce petition 

4) she can rely upon audio recordings between her and her husband,messages exchanged to prove the allegations 

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

 Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence. In addition to aforesaid,  in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

That is not sufficient proof.

bhabhi ji and god bless you both" and he is replying to them stating thank you. - This will prove his adultery. 
Contest divorce takes time but must be file. 

fast track court on the grounds of getting re-married? - NO , but she can have external affair. 

You will require all the above evidences to prove the case. 

Ans:- The boy in the current scenario will never agree for mutual divorce. File for a contested divorce or  file for divorce on the grounds of cruelty, mental and physical torture against the boy making his family members also a party.

As for the proofs go, keep all messages, video recordings, audio recordings, photos, social media posts, comments by other friends with you. hey all form part of the evidence for divorce. Also if you have any call recordings.

The proofs in her possession would not be admissible as primary evidence in court to prove the DV case.

It cannot be considered as evidence for proving cruelty in the divorce case also.

The case cannot be transferred to fast track court for any reason.

1. If your friend wants divorce from her husband then she need to create pressure on them for getting divorce by filing several cases against her in-laws and husband.

2. She should file maintenance case along with divorce petition on ground of mental and physical cruelty as well as dissertion from husband. 

3. If she suspects that he have married again then she should file bigamy case against her husband.

If they did cruelty upon you then you may file complaint and domestic violence case as well and you may file divorce petition as well on ground of cruelty.

she can file police complaint in local police station or local women cell with regard to harassment faced by her in the hands of husband and in laws.

1. In DV Act no strict proof is required to be led by complainant to prove her allegations and get the reliefs. It can be and is done on the basis of mere affidavit of complainant.

2. A higher degree of evidence is required to prove cruelty in a petition for dissolution of marriage.

3. The FB posts which you have referred are immaterial.

4. Contested divorce takes around 2 years.

The divorce other than  through a decree from a court of law is not valid.

Therefore the divorce allegedly obtained through panchayat is not valid in the eyes of law.

She may have to obtain the same by filing a divorce case  before a court of law on the grounds she may rely upon.

Panchayat divorce is not valid 

2) you need family court orders to be passed for dissolution of marriage 

Panchayat divorce is not valid , Only a divorce through court whether mutual or contested is valid

No it will not change

panchayati divorce invalid but only by order of court. 

SC can pass orders for dissolution of marriage on grounds of  

irretrievable 

breakdown of marriage 

You may concentrate on your case alone.

The usage of extra ordinary power by supreme court was for that particular case alone.

If you rely upon the grounds of desertion then you may have to ascertain before court to convince the court that you both live apart separately from each other for a period of two years or more  for divorce on the grounds of desertion.

Article 142 of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before it. ... This is not the first time that the Supreme Court has invoked Article 142.

Yes it's required  any proofs such as I'd proof, photo if proof. 

Article 142 - this stage is far in your case.

2 years desertion will prove as per facts of each case.

Dear Sir,

Two years desertion without reasonable cause and probably excuse is one of solid ground to seek divorce but one has to present the facts effectively beside desertion.

Thus, under Section 13(1)(i-b) of the Hindu Marriage Act, the petitioner who seeks for divorce has to prove (i) that there was desertion for a continuous period of two years immediately preceding the presentation of the petition; (ii) the desertion was without reasonable cause and without the consent 

Desertion is to leave the life of the deserted spouse, without any reasonable cause, vacuumed. ... The desertion is considered as one of the grounds for divorce. Desertion as a ground is defined under section 13(1)(ib) of the Hindu Marriage Act, 1955