URGENT queries

Hello sir,


I would greatly appreciate if you answer a few very important questions
I had about filing a DIVORCE UNDER HINDU MARRIAGE.



*What is the MINIMUM TIME required to get a divorce, if both the
parties sign the petition?


*What is the MINIMUM TIME required to get a divorce FOR THE WIFE (on

the grounds of physical and mental torture), if the wife signs but the
husband is not ready and does not sign the petition?


*What is the MAXIMUM TIME required to get a divorce BY THE WIFE, who
has proof of domestic violence and harrassment by the husband?


*Is it possible to get the divorce ONLY BY THE WIFE, if only the wife
signs the petition and the husband does not?


*What can be done if the husband does not agree for divorce?


*What is JOINT PETITION? What is the MINIMUM TIME for the divorce for
that?


*Can you please email me/give me the website of SAMPLE DIVORCE PAPERS
FOR HINDU MARRIAGE?


*Can you please send me the DIVORCE LAWS FOR HINDU MARRIAGE? I think it
is Section 13.


*Can you please explain me the WHOLE PROCESS IN BRIEF, of the Divorce
petition filed by wife. on grounds of physical (Occassional) and mental (consistent) torture, WITH THE PROOF OF THE TORTURE (video tape)


*Can u pls tell if the wife files for divorce under hindu act, does she
have to get divorce under indian act or a decree issued by a foreign
country is applicable in india?


*The custody of a 12 year old boy child is always given to the Mother
by laws. Is that correct? WITH THE CHILD HIMSELF WISHING TO LIVE WITH THE MOTHER.


*As a general question, can one hire a non-Indian lawyer, to fight the case
of Divore Under hindu Marriage IN India?


*Please also explain me if the divorce petition can be filed online. If yes, how? What is the process? I think I read
somewhere about it. And please send the online forms for it.


Please reply directly under the space given under the question so it is
easy to follow, maybe with a different colour.

Please reply urgently!!!


Thank you very much!!!

Regards.

Grounds for Divorce Under Hindu Act
Aparna Pengat | Nov 19, 2007

Know the grounds under which a Hindu woman can obtain a divorce from her husband and her rights to claim maintenance.

The Hindu Marriage Act, The Hindu Adoptions and Maintenance Act, and Criminal procedure Code (Section 125) have till date proved to provide a wide range of protection to Hindu women.


Hindu Marriage Act

Under the Hindu Marriage Act of 1955, you can file a petition for divorce against your spouse, for dissolving the marriage under any of the following grounds:

Adultery
Your spouse had a voluntary sexual relationship, including intercourse with any other person.

Cruelty
Treating the petitioner with cruelty, both mental and physical.

Desertion
In case your spouse deserted you for a continuous period of minimum two years.

Conversion
Your hubby has ceased to be a Hindu by converting to any other religion.

Mental Disorder
Your hubby has been suffering intermittently and continuously from a mental disorder and therefore cannot be expected to live with.

Leprosy
The spouse suffers from virulent and incurable form of leprosy.

Venereal Disease
The spouse is suffering from any venereal diseases in a communicable form. That is, any sexually transmitted disease such as AIDS etc.

Renunciation
Your spouse has renounced the world for any religious order.

Not Heard Alive
Your spouse has not been heard as alive for about a period of seven years or more.

No Resumption of Co-habitation
There is no resumption of co-habitation between spouses for a period of one year or more after passing of a decree for judicial separation.

No Restoration of Marital Rights
There is no restitution of conjugal rights between spouses for a period of one year or more after passing of a decree for restitution of conjugal rights.

In addition to the above, following are the grounds available only to a wife to claim a divorce from her husband:

If a husband is guilty of rape, sodomy or bestiality.
If marriage was solemnised before the commencement of the Hindu Marriage Act and the husband had married again before such commencement to some other person, and that person is alive at the time of the marriage and also at the time of filing a divorce petition.
If marriage is solemnized before a wife attains 15 years and renounces the marriage before attaining the age of 18, irrespective of the fact whether that marriage was consummated or not.
That since the passing of judgment awarding maintenance to the wife, there is no co-habitation between the parties for one year or more.
Mutual Consent

You and your spouse can file a joint petition before the court for obtaining a divorce by mutual consent. The petition must be submitted with the following proof:

1. Both parties to the marriage have been living separately for more than one year.

2. Have not been able to live together.

3. Have mutually agreed to seek a divorce.

I'm a citizen of the Republic of South Africa, I got religiously married to an Indian Citizen (Girl) 2 years ago. We have mutually decided to seperate. Our marriage is not registered in neither of the countries. She does not want to deal with the hassle of a dissolution in India. We are living apart. I have no plans of getting re-married for the immediate. Can she claim money, property etc in South Africa at a later date?? No registration has been done in either countries.

ITS FOR MY FRIEND... SHE IS INDIAN, WHO HAD LOVE MARRIAGE IN THE MONTH OF FEB 2008, NOW HE FEEL THAT THE BOY IS CRUEL AND ARROGANT AND BEATS HER OFTEN AND TORTURES HERE......

NOW SHE HAS COME TO HER PARENTS IN THE MONTH OF JUNE 2008 AND THINKING OF DIVORCING.... PLS TEL ME WHATS THE PROCEDURE AND HOW MONG SHE HAS TO WAIT TO LEGALLY GET DIVORCED....

ITS URGENT... PLS REPLY SOON

THANKS IN ADVANCE...