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Received Justice (Accounts)     16 August 2012

7 years of marriage ?

I got married in 2006 & Have a son 5 year old. My wife's behaviour is not good as she is guided by her mother all We are living seprately & my family memebers now relizes this thing. Even her relative interfers but i n vain.She is too cruel. My only & only motive to stay with her is my son. Otherwise I did not want to see her face in my life. Somebody suggested me to wait for another 1 year till my marriage will be of 7 years period & it will ease for me to take divorce from my wife. Can anybody tell me what is 7 years of marriage relevance in divorce?



Learning

 8 Replies

Rajan Bhasin (Law Student)     16 August 2012

 

People generally get confused with 304B and 498a with concern to 7 years marriage period.

Fact is:-

In case death of a bride within 7 years of marriage attracts 304B (Dowry death) but 498a can be filled anytime after marriage ir-respective of the years.

In your case 7 years has no relevance.

Person advising you to wait for one year has misconception that after 7 years wife will not be able to file dowry case, which is absolutely wrong.

Having said that, Divorce should be last option as this is the most painful thing which can ever happen in anybody's life. So please take decision with cool mind and after trying sincerely to save the marriage.

Keep in mind one child's life is also invoved!!

Regards

Rajan Bhasin

+91-9910571733

 

1 Like

JACK WELCH (Student)     16 August 2012

Very Very Good Advice, I really like ur view, saving the marriage is first recourse.

Try & understand the marriage is the biggest partnership you'll ever do in your life. Things have to be very balanced that said nothings going to be perfect, not even our siblings are same.

The marriage depends on mutual trust and respect ( love ) and something you can do find-foldedly.

If you have any doubts on being this confident then its like sleeping with the enemy.

We all do alot calculations while buying a house / buying a insurance policy etc but just get carried away while getting married, possibly due to peer pressure and family. Biggest blunder you can make in a hurry.

With media & law favouring women, man should go cherry picking and if possible go for pre-naptial agreements. I saw this when I was abraod for a cousins marriage, it took sometime for me to accept it but now all in favour of it.


(Guest)

Dear Querist,

 

You have been ill-advised to wait for 7 years to file for divorce. The lawyer who has advised you to wait for 7 years has completely misread the law. Hindu Marriage Act confers on an individual the right to file for divorce if his/her spouse has been unheard of as alive by those who would ideally have heard of it if he/she had been alive. Your wife is alive, therefore, you cannot avail of this ground. You may file for divorce on the ground of cruelty if you can prove it, or desertion if she has been living apart from you for a period of 2 years without any reasonable cause.

 

Do guard against false criminal charges which might be slapped against you.

 

1 Like

stanley (Freedom)     16 August 2012

who ever that somebody who has suggested you to wait for 7 yrs of marriage is irrevalent to divorce .You can file for divorce after one year of marriage . As you say she is cruel than  after divorce also be prepared for a Domestic violence case or a 498 A being filed aganist you as its the trend of todays modern world being exploited for Maintanence and fighting for  custody of your son :-):-):-) .

RK (adada)     16 August 2012

Dear Rajan There is no relevance of 7 years period in marriage, If you want to file a divorce case against your wife then minimum separation period is 1 years.

You can file divorce under cruelty and desertion ground but then get ready for long court battle and loads of cases from your wife like DV, Dowry, maintenance etc.

RK (adada)     16 August 2012

Think 100 times before filing divorce case because in India for Men to win a divorce case is very very very difficult because our Legal system is Pro-Women and women have got all the rights.

I myself divorced my wife after 3 and half years of court battle which finally happened in a mutual divorce and had to shell out lot of money to get the divorce.

For Men its all about Money in order to get the divorce and If you have that much money then go ahead with Divorce case after 1 year of separation period and then get ready for Dowry, DV and maintenance cases + all other type of mental harassments and disturbed life.

Unless you plan to resettle dont go for filing a divorce case which will be very painful.

Finally my friend dont trust any lawyer because they will misguide you and thats there profession as well.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 August 2012

1. A false dowry case can be filed even after 50 years of marriage and trust me it has been filed. 7 years is only in case a woman dies, in which case a presumption that her death is caused for dowry by husband and relatives is raised. 

2. Take your call - considering the child's welfare, and as Ashish Ji said - be on the watch for a false 498a. 

3. Do Read this article on how to fight a false 498a - https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

1 Like

rajiv_lodha (zz)     17 August 2012

Yes dear, as everybody has advised, weigh ur options n priorities b4 u file divorce. Contested divorce that too sought by husband is very very rare in India. Even if relief is provided, it takes ages. Add the no. of yrs spent in appeals too.

Better reconcile OR give a thought to find a partner for u to start live-in


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