Divorce in Arya Samaj Without Mutual Consent

‘Arya Samaj Marriage’ is the best and legal alternative of Hindu traditional marriage for couples who want to get married in a simple and least expensive way. Similarly, Arya Samaj also lets couples dissolve their marriage with the same process that is involved in getting a Hindu Marriage divorce within both forms i.e., “Divorce with Mutual Consent or Divorce without Mutual Consent.”

The process of divorce in Arya Samaj through mutual consent i.e., section 13-B is quite simple that makes provisions on the grounds that the couples have been living separately for more than one year and have now mutually agreed for the dissolution of their marriage. On the contrary, the process of divorce in Arya Samaj without mutual consent is quite a complex one, and therefore, to give you an in-depth knowledge of the same, we’ve come out with the blog! So, continue reading this blog further to know about the procedure for a ‘contested divorce’ i.e. divorce without mutual consent:

The contested divorce or divorce without mutual consent is filed in the court by either of the spouse based on the following grounds-

  • Adultery: If either of the spouses is involved in sexual relations with someone after the solemnization of the marriage.
  • Cruelty: If either of the spouses treated the partner with the cruelty that can cause danger to the body, life, or mental health.
  • Desertion: If either of the spouses willfully abandons/deserted the partner without any intention of coming back for more than 2 years.
  • Religion Conversion: If either of the spouses ceases to be a Hindu by conversion to another religion.
  • Mental Disorder: If either of the spouses has been suffering continuously or intermittently from a mental disorder to the extent that it makes him/her extensively aggressive towards his/her partner.
  • Communicable Diseases and Leprosy: If either of a spouse has been suffering from a communicable disease or virulent and incurable form of leprosy (which is a contagious and chronic disease).
  • Not heard of alive– If either of a spouse is not heard of alive for a period of seven years or more.
  • Renunciation of the world– If either of the spouses has renounced the world and has entered a religious order.

Other than this, there are also three more provisions on the grounds of which only a wife can file for a divorce-

  • In case, the husband has been found guilty of rape, bestiality or sodomy.
  • In case, the wife was forced to marry before the legal age.
  • In case, an order has been given by the court for awarding maintenance to the wife as they’ve not been living together for more than a period of one year.

So, based on these ground, either of the spouses can willingly file for a divorce in order to dissolve the marriage in the court of law with the following steps of the procedure-

  • Step 1: Draft a Petition for stating the facts as well as grounds for seeking a divorce.
  • Step 2: The Court sends a notice to the other party to appear before the court on a decided date.
  • Step 3: The Court suggests both the parties for mediation.
  • Step 4: If mediation fails, the Court will continue with the hearing of divorce proceedings.
  • Step 5: A date will be decided and both the parties will have to appear before the court to record their statement, submit evidence and witnesses (if any). The following will then get cross-examined before the court will present the final decision.
  • Step 6: In the end, the Court will deliver its final verdict and pass the divorce decree.

That’s all! This is all about how you can file for a divorce to dissolve your Arya Samaj Mandir Marriage without mutual consent.

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