In the interest of justice, the Bombay High Court approved the transfer of a pending criminal proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 to the Family Court in Pune, where it will be tried alongside the pending divorce petition in the case of Mr. Santosh Machindra Mulik v.Mrs. Mohini Mithu Choudhari.
In this case, the husband claimed that his wife, Mohini Chaudhari, had filed the said proceeding under the Domestic Violence Act after he filed a divorce petition against him. Counsel for the Applicant argued that the said application should be transferred to the Family Court in Pune, where both cases can be tried conveniently, in the interest of justice, especially in light of Section 26.
There are various grounds based on which a party may file for divorce. The Indian Divorce Act 1869 states that a petition in a matrimonial cause can be presented in the court of the district judge within the local limits of whose ordinary jurisdiction either the: Husband and wife reside, Husband and wife last resided together. The duration of a divorce by mutual consent varies from six to 18 months, depending on the court’s decision.
Usually, courts prefer to end the divorce of mutual consent sooner rather than later. Pursuant to Section 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, couples should live separately for at least one year prior to the commencement of divorce proceedings. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years.
When he or she is exposed to some kind of mental and physical harm that causes life, limb and health risk, a partner may file a divorce lawsuit. In mental torture, the intangible acts of cruelty are not measured by one act, but by a sequence of events. Some examples are denied food, ongoing ill treatment and abuses to obtain dowry, perverse sexual acts, etc .If one of the partners willingly leaves his or her partner for at least two years, on the ground of desertion, the deserted spouse will file a divorce case.
The party may provide the spouse with a legal notice indicating their intention to split and divorce. You may also request a meeting to negotiate settlement arrangements if you intend to divorce and reach a mutual agreement. If she refuses to participate in mediation, you will be forced to file for a contested divorce.
Reference: Section 12 of the Protection of Women from Domestic Violence Act, 2005; Mr. Santosh Machindra Mulik v.Mrs. Mohini Mithu Choudhari; Section 13 B of the Hindu Marriage Act, 1955; Section 28 of the Special Marriage Act, 1954; Section 10A of Divorce Act, 1869