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But in case the petitioner’s case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year. Under Section 17 of the Hindu Marriage Act, bigamy is punishable u/s 494 & 495 of the Indian Penal Code.
Section 494 prescribes for imprisonment, which may extend to 7 years and fine.
However, since your wife has left the house on 1st December, 1999, you have to plead that she has been living separately for the last more than one year or had not been performing matrimonial obligations for the past one year, even though living under the same roof.
It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce.
Callous attitude in this behalf can amount to cruelty. Wife writing defamatory letters imputing adultery to husband, to his official superior, other authorities and colleagues, wife eroding the mental peace of husband by showing callous indifference to husband’s parents who were very unwelcome guests to her household. 25 (I) willful refusal of a respondent spouse to consummate the marriage is a ground for annulling the marriage at the instance of the petitioner. You can also file a divorce petition in a separate Matrimonial Court. You can file an application in the court for custody of her son on the basis of the ground that your husband is a drunkard. You can get your marriage registered under Special Marriage Act, in case none of you want to change your religion.
This is cruelty on the part of the wife and you can seek divorce on these grounds under the Hindu Marriage Act, if the marriage is performed according to Hindu rites. Marriage solemnized according to Hindu rites subsequently registered under the Special Marriage Act, would not confer upon a spouse the right to annual marriage under s. On no such ground a Hindu Marriage under the Hindu Marriage Act could be annulled although impotence at the time of marriage and its being continued till the institution of the proceeding was such a ground. And in case one of you change your religion then your marriage can be registered under your respective Marriage Acts. Under Section 14 of the Hindu Marriage Act 1955, no petition for divorce can be filed within one year of the marriage.
It must be more serious than the ordinary wear and tear of a married life.
Mental cruelty can certainly be pleaded to claim divorce from the other spouse even if there is no physical cruelty.
So a complaint be lodged against the husband with the police. According to Section 5 ( iii) of the Hindu Marriage Act, the bridegroom has to complete 21 years of age and the bride 18 years of age.