Legal Question in Family Law in India

irreconcible difference

Hi i got married under hindu marriage act.I want to get divorce from my wife because of irreconcible difference but she is not ready to give me divorce.But i caanot adjust with her.Can i file for divorce on the ground of irreconcible differences?

Is it true that is some cases court

has pass decree of divorce on the ground of irreconcible differences under hindu marriage act in india?


Asked on 3/05/09, 2:55 am

3 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: irreconcible difference

there is no ground for divorce under irreconcible difference you can contact a local lawyer and give all teh detials to find if divorce can be obtained on any other ground

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Answered on 3/13/09, 2:04 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: irreconcible difference

There is no such ground as "irreconcible differences" in Hindu law.

Your intention to divorce your wife, without any legal ground being available, and without attributing any fault to her, may constitute cruelty and domestic violence and you may be liable for criminal prosecution which may land you up in jail.

We do not live in a "no fault theory" regime for divorce. Even in USA, where divorce is available on this ground, the matter is under serious reconsideration and some jurists have commented that the society should go back to "fault theory" instead of the "no fault theory".

As per Hindu Marriage Act, there must exist legal and valid grounds for dissolution of a marriage.

You may need to learn ironing out your differences. If you cannot, the only remedy is : stay away, provide her resident, pay her the maintenance and cool your heels.

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Answered on 3/05/09, 4:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: irreconcible difference

No contact personally with details if possible

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Answered on 3/10/09, 7:14 am


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