Divorce after 6 months of marriage
Dharmesh Kumar
(Querist) 06 January 2012
This query is : Resolved
I was married 11 months backs. After that some quarrels happened and on July 11 my wife doesn't responds to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
There is no physical relationship within us more that 3-4 time’s in four months. She never allow to sleep with me on bed. Sex is the husband’s need in married life and if she not allowed co-operating on the same where should I look for it. Can I ask for divorce on this ground?
On July her father came on her call and after lots arguments she left my home with her father afternoon with all jewelers & all her stuffs. Right now there is not a single stuff of clothe, book etc… in my home. Her father arrogantly said me & my family that “I will signed blank paper that I will never trouble you any way (Just tolerate not did).” Only the proof I has is Society watchman saw her when she left my home.
I requested her several times not to go, but she denied living with me & my parents. No phone contact in between me & her during this separation.
But after 5.5 months her father wishes to settle this matter & agree to send her in my home again. She now denied that she never refused to have sex with me.
Her father realized afraid that I'm not taking initiative so send some mediators and also called me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us). I will forcefully enter my daughter into your home by broking door.”
I’m also made a mind to break this relationship & we don’t want her in any case. I would prefer to be live single whole life without her. Then they threaten us to do something bad with me and family. But still they have not filed any case/ notice against me. As well I not did any. She is BE Electrical & now searching job at her parents’ home since 6 months.
I'm a person who has very patience. But this case is gone out of bound. As I have experienced a mild attack during my Honeymoon journey when she refused to have sex. It repeated the same in next 2-3 months many times till she left my home.
After her left I got affected my job, my Father got Major attack on 60 ages. We all are living like dead bodies in 4 walls.
We came to know from one their close relatives. That they wish to enter her daughter once & will keep quiet for some time……. then try to separate my parents from me by doing some unlawful (attempt of suicide)/threading us ….. things when she would be in my home & create trouble for us. Then I will suffer lifelong. As her father given a blind support to her daughter in any situation.
That’s why I would like to avoid her entrance by Civil Injunction.
I will be complete to 1 year to my marriage on Feb 2012 (NEXT MONTH). I was suggested for Civil Injunction to avoid her entrance than to send RCR.
We were separated before 5.5. Months, so sending any notice to her will become legal date of separation? Because I’m looking forward for Mutual Consent. So I have holds on to file any notice/ RCR.
What is Civil Injunction?
How to apply for Civil Injunction?
C.I. governed by which section?? What is the procedure ??
Can apply for nullification of the marriage?
Interesting thing is that she left in next the day after I got my marriage certificate. Will this affects my Mutual consent (if she agreed on any compensation) which I wish to file on March 2012?
Shonee Kapoor
(Expert) 06 January 2012
Civil Injunction for what? Why not file for divorce?
The day you send any notice to her, it would make her meet lawyers and she may file multiple cases against you.
If you want to resolve the problems, better do so by mutual discussion and including relatives and respectables.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dharmesh Kumar
(Querist) 06 January 2012
Mr. Shonee
I do not wish to involved in long running court matters by asking divorce. If I asked her abt divorce I guess there more changes of filing 498(a) on me & my familly? As they forcefully trying to enter my wife in to my house. And if I resist ... chances of domestic vilonces are alos more 498(a)
ajay sethi
(Expert) 06 January 2012
you cnnaot apply for nullification of marriage . you have lived together as husband and wife .
if you dont want to ask for divorce wait for her to take decision . if she wants divorce by mutual consent that is the best option .
Sankaranarayanan
(Expert) 06 January 2012
Yes it should be setlled by amicable manner follow mr kapoor and sethi's advise. All the best
Dharmesh Kumar
(Querist) 09 January 2012
Thanks Sir, It will be really impossible for me to stay with her.
She doesn't responds for physical relationship. Isn't it a enough ground to ask her divorce, if she denied for Mutual consent?
Now she is lying that she was co-operate about physical relation.
Now she is lying that she was co-operate about physical relation with me. Even she lied that I made a sexual assault with her before marriage (after engagement). And thats why she married with me under that that pressure.
What are the chances of her reaction on sexual cohabit.
What will be Judge decision on sexual cohabit ?
I'm waiting for 8 Feb 2012 complete 1 yr to my marriage. Waiting for her to agree Mutual Consent divorce.
She was threaten to 'suicide' several times during her stay with me.
Once she enter my house she will make me hell in my house. after repeating suicide threats. It will be end of all... if she even tried to attempt suicide in my house.
Now I totally known with her & her father's nature. That's why I denied her to enter my home.
I can understand all you respectable lawyer's suggestion about amicable settlement.
I will wait........ But will not go for amicable settlement in any condition.
ajay sethi
(Expert) 09 January 2012
if she dosnewant physical relationship and not willing for divorce too make an application for restitution of conjugal rights .
Dharmesh Kumar
(Querist) 09 January 2012
Can I Send her an application for restitution of conjugal rights ? now ?
Or
after completion of 1 yr of marriage on 8 feb 12.
Or
after completion of 1 yr to separation July 12
And
wt to react if she file 498(a) on my petition?
Will 498(a)hamper my Private company job?
Dharmesh Kumar
(Querist) 10 January 2012
Anyone plz resolved me on my Queries?
As I came to know from one my relatives that Now they wish to send her daughter without any condition. And If I won't take her back they will do some bad thing.
Dharmesh Kumar
(Querist) 10 January 2012
Anyone plz resolved me on my Queries?
As I came to know from one my relatives that Now they wish to send her daughter without any condition. And If I won't take her back they will do some bad thing.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 January 2012
If relations are stale go for mutual divorce and far that you have to be political than legal.
V R SHROFF
(Expert) 10 January 2012
Dharmesh :
you said
"We all are living like dead bodies in 4 walls."
When your Wife & Life want to enter your soul, welcome her.
BE ALIVE
People do not marry to be dead,
Find & Remove mis-understanding.
Love is the Solution.
kisi ke ho javo, ya kisi ko apana bana do.
Even Stones are prayed, and they have power to solve your problem, only if you have faith in stone, the GOD, or a person created by God and sent to you.
All depends on your Thinking.
Shakespeare said: "Nothing is good or bad in the world, Thinking make is so."
Difficult to digest, but wise to practice.
FORGET THE ENTIRE PAST AND NEGATIVE THINKING :
ONLY AIM OF LIFE, MAKE HER HAPPY.
ALLOW HER TO ENTER, WELCOME HER WITH FULL ZEAL AND ZEST , ENJOY HER.
Dharmesh Kumar
(Querist) 10 January 2012
Mr. Shroff sir, Thanks for gentle & expected advice.
I told you we are leaving like a dead bodies in 4 walls after she left my home.
But we was almost dead when she was with us.
My father got Major heart attack when she was with us and after she left one mild attack came.
we are more comfortable (?) when she is not with us.
Sir can you suggest me what to do if she try attempt to suicide or try to kill any of my parents by any situation. I experienced her & her father.
I'm very well famous mentor in my company. Also aware that at the age of 31 I'm going for divorce with blank future at at my end too.I was not awarded by supporter too
But situation are even most worst than I have written.
She was almost whimsical that she was laughing when me & my parents was crying on her behavior.
And when asked why are you laughing then she was replied that it is my habit & can't control on me when I saw people crying.
I don't wish to collect all my respectable lawyers simphity. I just opened my heart feelings.
Raj Kumar Makkad
(Expert) 15 January 2012
In case she tries to take law in her own hands, law can take its own course. There is no presolution to prevent a person to commit suicide. You can make precautions so that she may not heart your parents.
Dharmesh Kumar
(Querist) 17 January 2012
I wish to phone her to convinced her for Mutual Divorce. But have a little fear about 498 (a)& fear about her father will logged complained of threatning.
What are the consequences comes on me if she file 498 (a) on me.
About My Private Job ?
About Divorce ?
About Maintenance after divorce ?
(I am earning only 29000 per month. Within that 15000 deducted for my home loan. rest 14000 I have to used for home & my parents Medicines every month)
About Maintenance when not on job ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
take tactical RCR action., that is you have to legally shout loudly for RCR, but it does not mean you have to take her.
Even if a snake is not poisonous, it should pretend to be venomous."
Chanakya
Dharmesh Kumar
(Querist) 19 January 2012
Hi Mr.JSDN ,
Please Tell amount of maintenance she may ask. Can I opt Personal loan to increase my loan amount. It will reduce my in hand salary automatically.
What is 'tactical RCR'? Is it mean to call her in my home by notice. If I send any notice to call her. Her father will happily intrude her in my home in hour. As we are in almost same city (40 KM away) her father will assure her not to worry I'm here to take care of you.
So any Legal loud shouting for RCR is really preferable/ helpful ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 January 2012
Please read my input again to understand and read similar others given by me and additions made to them by other experts in forum section.