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Divorce within one year of marriage

(Querist) 10 December 2011 This query is : Resolved 
I got married in the month of july 2011 in a hotel as per hindu marriage and marriage was conducted by pandit. But after the marriage nothing went right:
1) From the day of marriage to till today she don't allow me to come closer to her and don't allow me to even touch her. Hence there is no physical relationship yet with her.
2) We went for honeymoon but in honeymoon she don't even wanted to talk to me and always was busy in messaging to her friends.
3)After honeymoon period ( about 20 days) she went to a different city ( she works there) and don't even pick my phone calls and also don't reply to my missed calls.
4)Her parents also stay in the same city where i stay. She use to come to her parents house but don't come to my house.

I ask her alot why you are doing all these things but she don't reply any thing or some times she says it will become alright. But 6 months have passed and nothing changed. We did not live together for more than 20 days ( only during our honeymoon period).
Her parents as they are also staying in my city, use to ask her about her behaviour and sometimes they use to scold her. But still she did not change her attitude towards me. Once she told me that she was not ready for the marriage.
Her parents use to talk to me initially but now they have also stopped talking to me for the past 2 months. I think they also lost hope.

Actually in my case i don't know why she is doing all these things or why her behaviour is like this. I also took her to two different councellors but they also failed to understand her behaviour towards me.

Now i am thinking to take divorce but i want to know that since i have not completed 1 year in marriage can i get divorce immediately? If yes then how?
Is out of court settlement possible?

Regards,
ks
Nadeem Qureshi (Expert) 10 December 2011
Dear KS
according to legal system you can not file divorce petiton before the court within 1 year of the marriage.
Raj Kumar Makkad (Expert) 10 December 2011
I wonder how did you bring her to two councellors when she didn't live with you? How it became possible for you and when?

Anyway, you shall have to wait for one year of completion of your marriage for moving ahead as desired. Divorce is not an easy matter. It shall be better if you both file mutual divorce petition which shall even take minimum 6 months to decide finally.
Devajyoti Barman (Expert) 11 December 2011
Though this 1 year time is general embargo but in exceptional circumstances the court does allow to file case even before the expiry of one year from the date of marriage.
mahendrakumar (Expert) 11 December 2011
it is very difficult to digest your story.

you had taken her to two different counselors.

it means,she also want to cooperate.

there must be some reason for her strange behaviour.
Guest (Expert) 11 December 2011
Your story is quite strange, as in this modern era, it is hard to believe as if both of you did not meet and exchanged words before marriage about mutual consent for marriage.

Anyway, I endorse the advice of S/Shri Makkad and Devajyoti.
ks_8080808 (Querist) 11 December 2011
As I mentioned that she use to come to her mother’s house, hence I suggested my in-laws that why can’t we take counselor’s help because she is not telling any thing to us, so atleast she will say something to counselor. So, my in-laws took her to the counselor. She was hesitant but later on went to meet counselor along with my in-laws. I also met those counselors.
Before marriage also sometimes she don’t use to take my phone calls and don’t use to call back after seeing missed calls. I talked to her about this but she told that after marriage it will become alright. I also talked to her parents about this but they told that this is her habit and sometimes she don’t take their calls also.
However marriage happened but now when ever I call her she don’t take my phone calls. My biggest problem is she has become very quiet and don’t talk to much people (before marriage also she was introvert). If my in-laws ask her a lot about her behavior then she cries.
Earlier I also told her why don’t you leave her job and look for a new job in my city but she use to say she will take transfer.
One thing she use to say give my some time but she never says how much. I am fed up with her attitude and behavior towards marriage. Because of this only I want to give divorce to her.
My biggest problem is she is not revealing why she is doing all things. Can any one suggest me to whom we can consult who can let me know why she is doing all these things or basically what is there in her mind.
Guest (Expert) 11 December 2011
If she used to often ignore you even before marriage, I wonder, what compelled you to marry her?

Any way, it is now better for you to adhere the advice of Mr. Devajyoti.
yogesh kumar solanki (Expert) 11 December 2011
Yes with the permission of the court you can file the divorce suit
Shailesh Kr. Shah (Expert) 11 December 2011
you can proceed as advised by Mr.Barman.
a.manoharan (Expert) 11 December 2011
for divorce petition only lapse of 1 year. you may please try to file Original Divorce Suit. you may get relief sometimes
Shonee Kapoor (Expert) 11 December 2011
Agreed with Mr. Barman.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 11 December 2011
me too


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