Remember, obtaining a divorce is not a simple procedure of filing a petition and obtaining an order granting divorce. Every petition needs to be backed with ample and substantial proof.
In case of mental cruelty, a doctor's certificate or a relative's or a friend's word will be treated as evidence.
An offence of adultery may be proved by circumstantial evidences such as visiting a brothel, confessing it, contracting sexual diseases, etc.
One can consult a lawyer and seek legal advice to help in representing the case before the Court.
In case of mutual consent, once a petition is filed the court will give the parties six month's time to reconsider and after the parties re-confirm their decision to obtain a divorce, the Court passes a decree to that effect. The maximum time limit for obtaining a divorce by mutual consent is 18 months.
However, in case of divorce other than mutual consent, the time limit varies depending upon the facts and circumstances of each and every case.
M for Maintenance
Every Hindu woman is entitled to seek maintenance from her husband, irrespective of the fact that she is divorced or not. Thus, if a person with sufficient means neglects or refuses to maintain his wife, she is entitled to claim maintenance.
Maintenance includes basic amount required for day-to-day upkeep of a person i.e. provision for food, clothing, residence, education and medical attendance and treatment.
The Court takes into consideration some of these factors like monthly income of the spouses, status, property, reasonable want of the person claiming maintenance, etc.
Thus, a husband can also claim maintenance from his wife, in case she is in a financially better position.
You can also seek maintenance from your ex-husband after some years of divorce, provided you have not remarried and need financial help.
Disobedience of the Court's Order
If your husband without sufficient cause fails to comply with the Court's Order to provide maintenance to you, then a warrant can be issued against him and kept behind the bars.
(With Inputs from Advocate Rekha Chakri, LawQuest. LawQuest is a partnership firm offering total legal and business related solutions on immigration laws, Intellectual Property Rights, Property Law, IT, Media and Entertainment Law etc.)
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