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sunaina (Manager)     15 December 2012

Asking for divorce within 1 month of marriage

Hi i m sunaina.. 

My problem is like i got married on 01 of march 2011. within one month of my marriage my husband started asking for seperation. first he begged for the seperation now putting all the blames on me. after 3 months i came out that hme n leaving with my parents.till now he has not given any genuine reason for seperation. all my well wishers are forcing me to book him under 498A but i m not that kind of person i wont gain anything by doing that.So please help me out regarding the leagal proceedings.Wat actions can i take on him. 




 11 Replies

sunaina (Manager)     15 December 2012

is he not punishable? played with my life without reason. 

Shantanu Wavhal (Worker)     15 December 2012

find the reasons behind his seeking separation.

try to settle the issue amicably.

criminal proceedings will destroy ur marriage.

1 Like

sunaina (Manager)     15 December 2012

did the same till todate! but no use... wasted all the time finding the reason nw i have no other go! stand up for myself or wait for few more years.. finally that brings me to the same situ....

Nadeem Qureshi (Advocate/     15 December 2012

Dear Sunaina

first thing is what do you want?

option 1--- Sepration

option 2---  live togather

if your choice is option one you can filed a divorce petition against him or if he is also agree to divorce then file a mutual divorce petition before the court u/s 13B oif Hindu Marriage Act.

if your choice is option 2 you should filed an application for conciliation before legal service authority or women cell and settle the matter without ionterfare of the court.

Feel Free to Call

1 Like

Msk-need -nuetral- laws (self)     15 December 2012

First my appreciation not filing 498a because that itself loosening ground for marriage. proceed to initiate with RCR , if he does not trun up then it is his fault, and get exparte-decree and go ahead with your divorce process. If you are real victim , then after divorce file for maintenance. Please remeber life is important than dragging the life in courts.

Why i tell you not to file 498a.

1) At some point of time, you will be tried convinced by bad lawyer ( learned good lawyers kindly pardon me for such words) that its is the fast way to get divorce with fat alimony, which is not true , because he cn take same as advantage to fight in court even if he is faultier for other reasons.

2) tagged with 498a , possibilty for second marriage is in doldrums

3)  RCR first, if he does not turn up exparte-decree, by then when separation is two years of time, divorce pettition.

4) never use any criminal sections, it only makes your life more miserable

Please consult a lwayer who is not pulling you to 498a

All the best, hope you get good partner in second time. many times success comes at second time in life




1 Like

Tajobsindia (Senior Partner )     15 December 2012

1. When spouse’s donot wish to live together then it is better to part company smartly and take life forward.
2. In reference to context you are best person to see ‘reasons of such behavior’ and for the same in public forum it can neither be asked in length nor a queriest may wish to tell her facts of last 1-1/2 years for better opinion, however, be it so it is mental cruelty to ‘both’ to bind together in reference situation is my view.
1. If not working then file S. 125 CrPC application for interim maintenance in your jurisdiction Family Court. The first thing the Family Court may opt for is ‘reconciliation’ failing which maintenance matter trial starts. The only advantage of filing this application is to take advantage of “reconciliation meetings before a mediator appointed by the Court” and upon such meetings face to face solution to live together or amicably part company via Civil proceeding route could be derived at. The remedy is faster for both i.e. interim maintenance award as well as mutual consent divorce as per emerging situation and right now this is the most appropriate Civil remedy one can try after exhausting all social remedies till date.
2. One may file S. 498a / S. 406 – DV Act / DP Act as well as Divorce too. However since your query lacks ingredients or expansion of facts I reserve opinion on filing these or not and will think too before suggesting if such criminal proceedings will give reasonable remedy to you or you may in turn get struck into the adversial law quicksand and end up greying life.
3. Now if turn back and tell us that you are working how can I file S. 125 CrPC then also my view will remain same as some breakthrough via Court has to be done to live together and or part company and what better option then to launch a Civil litigation which is safe under reference to context than filing left and right other options and waiting for years for THAT justice.
4. As rightly inference in your brief that men and agent read with society one keeps do push for such bald views (S. 498a / DV Act / S. 406 etal) but then ultimately it is the Complainant who faces the dark tunnel waiting for THAT Justice, hence opt best and faster remedies which are available in Civil matrimonial domains and such Civil remedies gives flexibility to a spouse to go back to matrimonial fold be it after such mini separation phase or take next Civil step that is mutual consent divorce.

Be it so a legal step has to be taken instead of ideating much longer as to me it looks a dead marriage for whatever reasons and a Court appointed mediator may suggest face to face to both suffering parties faster remedies only if the first step you take as suggested above.

1 Like

sunaina (Manager)     15 December 2012

@all... thanjs for ur valuble replies.. i know wa ever matter i have mentioned above wl not give anybody a clear idea.. problem is my husband first asked me for seperation, after trying convincing him in all the ways i finally involed my parents in this matter...those things also didnt wok.. i called him personaly so many times for which he didnt even reply.. his main goal is everybody should blame me and nobody should harm him..

Nw finally he s saying

" wat can u do by going to court n other things? other than dowry no other case wl stand strong, u have oly option to divorce me, this s not punishable" 

I want to teach him a lesson n i dont want to lie anywhere.. i have gone through too much of mental agony...

please help me for that....

Shantanu Wavhal (Worker)     15 December 2012

it will take only a couple of hours and couple of pages writings to file criminal cases and break the marriage (which ur husband also wants the same).

if u file criminal cases, then he will get a reason NOT TO LIVE with you.

first find the reason behind his unwillingness to continue this marriage

many a times, petty issues aggravate - 

dont do anything IRRETRIEVABLE

may be - u can give some more time.

1 Like

Nadeem Qureshi (Advocate/     15 December 2012

Dear Sunaina

youi have to right to file a case under domestic violence u/s 12 and maintenance u/s 125 CrPc, you can also file a case for return your stridhan u/s 406 of IPC against him and his relatives or family members.

Feel Free to Call

Msk-need -nuetral- laws (self)     15 December 2012


believe me " court processes are not class rooms to teach lessons of revenge" , In court it is wisdom that is accepted , not emotions ( that loves erupting as revenge through legal). please do not go for CrPC sections, which will only put so much pressure on you .  I am not saying he should not be punished, but time punishes better than you, rather go for amicable solution. please do not undermine these words and drag your life in courts, taking is upto you

All the best,


1 Like

Shantanu Wavhal (Worker)     15 December 2012

406 is non bailable + cognizible = even worse than 498a; as before 498a , mediation is a must.

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