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Need divorce from husband

(Querist) 03 November 2015 This query is : Resolved 
hello sir,
i have been married since last six month, i had love marriage but since last one month i m not living with my husband because he dont respect my family and i feel like i married to wrong man. i want to take divorce from my husband. please suggest me what ground shall be possible for me to use against him, coz he wouldnt agree for mutual divorce.
shubhangi.
alexander (Expert) 03 November 2015
No divorce petition is entertained within one year of marriage Unless very serious life threatening situation or the like is developing.
V R SHROFF (Expert) 03 November 2015
YOU MARRIED UNDER HINDU MARRIAGE ACT? OR CIVIL LAWS? OR CHRISTIAN?
PROVISIONS DIFFERS
R.K Nanda (Expert) 03 November 2015
ur husband do not respect ur family is not a ground for divorce.
Sudhir Kumar, Advocate (Expert) 03 November 2015
if not respecting spouce family could in itself be ground for divorce then any woman can be alleged so and thrown out.
Sudhir Kumar, Advocate (Expert) 03 November 2015
Nothing new. This happens in so called love marriage.


Some price you must bear for being influenced by cinema.


In cinema the actor/actress are paid in lakhs and even carores for chanting scripted dialogues and after shooting they retire to private family life.
SAINATH DEVALLA (Expert) 03 November 2015
UR case is not fit enough for a divorce merely because he doesn't respect UR family.Marriage institution has become a playground for both men and women because they are dumping the tradition into the drain.
Married for 6 months,living apart from one month and the bug of divorce creeping into UR brain.I feel there is something else involved in UR episode and U R not comming out with the correct facts.Better patch up such minute differences and live happily or else running after courts will ruin both the lives.
This is not a legal advice but an elderly advice.
praveen kumar (Expert) 03 November 2015


Sudhir Sir i respect you and follow you on this forum but i feel your remarks on lovemarriages in general were uncalled for.
Devajyoti Barman (Expert) 03 November 2015
Since it is mere 6 months only I would suggest you give it a try at least for another 6 months. If the marriage does not work out then ask for mutual divorce which is best suited. if he does not agree then file contested divorce suit on the ground of mental cruelty.
Rajendra K Goyal (Expert) 03 November 2015
No divorce in one year. Also this is not a ground for divorce.

Try to adjust for some time, try to save your marriage.

Contested divorce may take 3-5 years or even more which would take away your golden age / most precious time of your career advancing and there is no confirmation that you would get another partner as per your wishes.

Have patience and think before you proceed.
alexander (Expert) 03 November 2015
Ref: Expert Praveen Kumar's remarks : It would not be wrong , in general, to state that in a love marriage, as soon as the balloon of honeymoon comes down to mother earth the love portion of the marriage disappears but the marriage remains. Let's see what the Bard of Stratford upon Avon says, " Men are April when they woe, December when they wed,

Maids are May when they are maids but the sky changes when they are wives".

Thomas Hardy has dealt with the unpleasant, unhappy andeven tragic aspects of married life in practically all his famous novels and what we find is that Happiness is just an occasional episode in a general drama of pain.

In the instant case there is no gainsaying that the young lady is in an unenviable position. Little tolerance, little patience and the Panchantra Doctrine of Saam, Daam, Dand , Niti , Bhed joined with the Machiavelian policy of "Ends justify the means" may be of some help in smoothening the ruffled feathers on both sides.

Showing disrespect to the family of the spouse is tantamount to harrassment and mental cruelty and constitute a good enough ground for divorce. But give your marriage sometime to fall in a workable mode with each party giving each other space and not treading over the sensibilites of the other. The main raison d'etre of a marriage is companionship.There is always give and take in any relationship. Given good will things could work out. And in the worst case scenario it could be the MCD as a very very very last resort.
P. Venu (Expert) 05 November 2015
It is ideal that an attempt needs to be made to reconcile the things. In any marriage, what is important is the willingness to be responsible.

Legally, the grounds urged are not convincing. At the most, the option is for MCD.
Shubhangi (Querist) 07 November 2015
the fact is that i have in relationship with him, he is my Aunt's son ( dad's sister),
so all refuse our marriage, anyhow he conviced me to flee with him, and i fled with him and marry in court, he is well settled got own house, earning good whereas m still college going, appearing to Mcom.
soon after marriage i realise tht he dont love me as per my wish. i go to the job, i sit alone in the home alone for whole day, also insist on sex rather that taking care for me, talking to me. sometimes he do sex against my wish. i feel like i he dont treat as per my desire. i left my mom dad coz of him, but one day i call them and opologies, they i cried i too and decided to return my parental house. now i dont want to go back to my husband house. please help me how i can get permant rid from him
alexander (Expert) 07 November 2015
Before registering in the Court did you reveal the fact thatyou were getting married to your Cousin brother? (Aunt's son)
Sudhir Kumar, Advocate (Expert) 08 November 2015
you are giving facts on installment basis.

You have now give the fact that he was your cousine.


It is bountiful love of parents (not found in all parents in such cases) that they have allowed you back. generally doors of parental home are shut for girls who marry breaking social and legal norms.

before any further views are expressed please reply the question raised by Mr Alexender.
SAINATH DEVALLA (Expert) 09 November 2015
Thats the problem,initially they start with one line query and keep on adding new material,only to confuse the legal experts.
Shubhangi (Querist) 09 November 2015
we hide the thing that we are relative.
SAINATH DEVALLA (Expert) 09 November 2015
Dear Querist,
U are here for solution to UR existing problem,then U should come out with the complete facts for a suitable suggestion from the legal experts.I contact U feel not to make UR problem public U can can contact through a PM to any of the legal experts.
Sudhir Kumar, Advocate (Expert) 09 November 2015
"we hide the thing that we are relative."

what did you achieve by hiding this fact.


You keep on hiding the facts and keep on depriving yourself of the correct advise.

you have actually came on wrong forum. the experts here are not prashnashatri astrologers. They have not learnt to know the facts without you revealing them.
alexander (Expert) 09 November 2015
Did the Marriage officwer ask your relatnship with the person you were going to marry;Did he put the question to you or your husband to be.

2. What exact answer did you give?

3. What exact an
bswer did the groom give if the question was put to him.

4 Were his or your answers recorded by the marriage officer or by your groom in the marriage certificate form.

5. Your husband may have passed derogatory / disrespectful re marks about your family once in a while in a moment of anger or wasit done deliberately with some ulterior
motives e,g to extract some more dowry or some such other thing

8. pl describe in all possible details as to what made you think that "you married a wrong man"

9. What were your or the groom's reasons for hiding the near blood relationship existing between you and the groom.
As soon as you furnish the answers the route out of this morass me become clearer.]
Shubhangi (Querist) 10 November 2015
Dear Alex,
2. we have different sirnames, so nobody had doubt that we are relatives, and nobody asked us. and we didnt revealed our blood relation to officer on own.
4. marriage was took place in bandra court mumbai, there is no such recording.
5. he dont want money or dowry, there is no dowry system in our caste.
8.he is not bad that so much, but my decision made my family to live isolated life, my your sister and cousins would have problem in their marriage. my mistake that i didnt consult my parents before marring him. social my parents are isolated which is killing them, i want to support my family and want to repaire my mistake.
Sudhir Kumar, Advocate (Expert) 10 November 2015
'2. we have different sirnames, so nobody had doubt that we are relatives, and nobody asked us. and we didnt revealed our blood relation to officer on own."

So you have consciously withheld vital information in order to obtain the certificate from the authority---- it is called fraud.

carry on more facts.
Shubhangi (Querist) 11 November 2015
PLS SUGGEST OPTIONS, HE CONVENCED ME FOR MARRIAGE,
SAINATH DEVALLA (Expert) 11 November 2015
U had been given more than required suggestions by all those who attended UR query.Now rely on UR local lawyer for further assistance as he will be the person who has to represent UR case physically.
Sudhir Kumar, Advocate (Expert) 11 November 2015
Yousaid

"PLS SUGGEST OPTIONS, HE CONVENCED ME FOR MARRIAGE,"


If he convinced you to enter in a relation making you to believe that it is marriage, the he can be liable in allegation of rape if he does not agree for divorce.

But you are also liable for fraud as you have hidden the fact form govt officials that you were in prohibited degree and could not marry.
alexander (Expert) 11 November 2015
Yes, Pitch up a strong defence to get decision in your favour. He used force,coercion and extortion and threat to use criminal force inclusive of possible acid attack etc. I tried to explain to that being Sapindas of each other and such close proximity of relationship is not only prohibited by the 'Shastras" and the genetic doctors but may also be not acceptaple in law etc etc. ( Section 5 (iv) and ( v ) read with Section 13 of the Hindu Marriage Act do make such a marriage void) Consult a good lawyer . Ask for immediate decree of nullity of the void and voidable court marriage to which you never consented and at first opportunity you ran to your family for succour and support. The man has given you lifelong trauma and spoit your lfe in toto Consult your lawyer. Ask for heavy compensation as damages.
Guest (Expert) 11 November 2015
If your husband convinced you for marriage, you may now convince her for divorce.
Shubhangi (Querist) 15 November 2015
yes, he is also taking for mutual divorce, but we cannt wait long, i wanted to know what efforts do court do to reunite the marriage in six months period (cooling priod). we both should be shame on ourselves
to go against society rule n norms.
he understood this thing. please advise if court will try to reconsile our marriage, and how?
alexander (Expert) 15 November 2015
enough, more than enough, has been said on the subject , at this forum; take your parents fully in the loop and consult your lawyer for whatever action you need to take or your parents advise you to take.
Shubhangi (Querist) 24 November 2015
dear sirs,
i have consulted a local lawyer, and he suggested to go for annulment of marriage basis we are sapindas to each other. he dont hv too much knowledge abt this. but i had talk with my husband and he said if we cancel marriage then he may be be guilty of rape. is it true? i dont want to send him jail, just need separation from him, and legal bond? my lawyer doesnt know if judge will panish him since marriage is void.
i m confused what is good for us divorce or annulment? pls answer me
Sudhir Kumar, Advocate (Expert) 24 November 2015
said if we cancel marriage then he may be be guilty of rape. is it true?


EVEN IF THE MARRIAGE IS NOT CANCELLED HE CAN BE GUILTY OR RAPE.

ASK HIM TO AGREE FOR DIVORCE OR BE READY FOR BE IN JAIL.

WHO ELSE WERE PRESENT/ASSOCIATED WITH WEDDING?
Sudhir Kumar, Advocate (Expert) 24 November 2015
i dont want to send him jail, just need separation from him, and legal bond?

he will agree with your proposal sitting on fround in police station.
Guest (Expert) 24 November 2015
If you both are co operative and both are ready for divorce Request your Advocate to Apply for Mutual Consent Divorce which would be Over in 6 months and you both would be Legally safe also.Any how it could be applied after completion of 1 year of Marriage Only.
Shubhangi (Querist) 25 November 2015
lawyer says we will retain our status as single if we cancel marriage, otherwise we will called as divorcee? my husband is agree with both the option, i have to chose one of them? which one is safe for future.
My husband just had fear if he gonna punish by judge.
Guest (Expert) 25 November 2015
He need not worry when you Both Jointly Apply for MCD.Discuss and Proceed with the help of Local Good Advocate


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