The provisions of the said Section require that the husband and wife should be living separately for a period of more than 1 year and they are not able to live together any further.
“Living Separately” has been now defined by the Supreme Court as “not living as husband and wife and not performing marital obligations”, even if the husband and wife are living under the same roof.
The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse. If one of the spouse is not ready to give divorce at any cost, then the remedy for the other spouse is to file a petition for divorce before the court.However, a divorce can only be granted under certain prescribed circumstances under Hindu Law which are described in Section 13 of the Hindu Marriage Act.To pester the other spouse to live beyond mean and invite indebtedness can hardly to considered as conducive to congenial married life.Persistency in this regard can be termed as lacking in feelings for the welfare, happiness and security of the other spouse. P (Women Cell ) and complain against your husband u/s 498 A of Indian Penal Code.The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order. In case the wife has left the house of the husband and is living away from him without any reasonable cause, the husband is entitled to judicial separation or divorce.
The condition however, is that the desertion of the wife should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce.The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.The court is bound under such circumstances not to grant a decree of divorce.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.Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other.