After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petitioner filed by them.
It is only after this second motion is made that a decree of the divorce is granted by the court.
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.
Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances.
These grounds include cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
The period of time for seeking a divorce decree can really not be specified, because it depends upon a number of circumstances.
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.
Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both. Divorce by mutual consent can be obtained by Husband and Wife in terms of Section 13 B of the Hindu Marriage Act, 1955.