1 Answer
Dear Client,
Your husband may be willing to agree to end his marriage through the potentially fastest method available, which is by submitting a joint application for a mutual consent divorce under the provisions of the Hindu Marriage Act, 1955 (i.e. Section 13B). A minimum separation of one year is required before the marriage can be dissolved through a mutually consent divorce, and typically, they can be reached without difficulty, as long as both parties are in agreement concerning the terms upon which the divorce is sought.
If your husband is unwilling to agree to the divorce, the grounds for seeking a contested divorce would be desertion. Section 13(1)(ib) of the Act allows an individual to file for divorce when his or her spouse has deserted him or her by failing to live together for two years immediately preceding the filing of the application without a justifiable cause for doing so. Because the legal rights and responsibilities of individuals who are married can differ according to personal laws applicable to marriage, you should first meet with an experienced family law practitioner to determine what options are available to you with respect to your situation. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you