divorce on the grounds of incompatibility

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved

Hi,

I have more than one question to ask.I am married for 5 months now.but our relation is dead cold .
Initially both of us were interested in the relation but eventually I sense no emotions in me for him for all the differences we realized we have.I do not love him.He also sensed that we are absolutely incompatible.

Q1.Can we now file for a divorce on the grounds of incompatibility?

Q2.What documents should be produced to supplement my application?

Q3.How long will the divorce take to be issued.

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Kiran Kumar (Expert) 26 September 2010
you may go for divorce by mutual consent but for that also u ll ve to wait for another 7 months to file petition.

in the mean time be polite to each other dont let the mutual respect wither away.

the next 7 months can be used to make this wedlock compatible....let the divorce be a last resort.

aman kumar (Expert) 26 September 2010
yes kiran is right !after 1 year of marriage you can sue for divorce.bt before that you tell type of incompatibility ?

G. ARAVINTHAN (Expert) 26 September 2010
you can get divorce by mutual consent. even you can wait for a month and can file a waiver petition to waive six months stating that you living separately for already 6 months

Devajyoti Barman (Expert) 26 September 2010
Yes , i agree.

N.K.Assumi (Expert) 26 September 2010
I am of the view that incompatibility of the couples is the worst in matrimonial case.But it should not be a ground to snapped the ties immediately and time should be given to the party to patched the differences.

s.subramanian (Expert) 26 September 2010
I agree with Mr.Aravinthan.

Khaleel Ahmed (Expert) 02 October 2010
well advised Mr.Aravinthan.

M/s. Y-not legal services (Expert) 08 October 2010
Sorry for saying this.. Why all experts saying to be wait for another six months.. Now it self she can file her divorce petition with sufficient reason along with a separate petition for dispense the one year period from the date of marriage.. Everything is possible before law.. Am not try to say against the experts. Even if you not ready to agree with me mean am ready to challenge it openly.. DEAR AUTHOR NOW ITSELF YOU CAN FILE YOUR DIVORCE PETITION. Please Consult with an advocate..

M/s. Y-not legal services (Expert) 08 October 2010
If she filed her petition as per my advise mean, first the interim application only get numbered.. The family judge wil order to issue notice to the respondent in that dispense petition.. If he appeared mean after that a formal enquiry on that dispense petition.. After that that main petition may be numbered.. Some times its may be dismissed..

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