Monika (Sr. Executive) 17 April 2012

Can this marriage be annulled or will divorce works.

Got married on 1st Mar'12 but husband drinks(night or morning doesn't matter) a lot, abusive towards this parents and on me and broken home doors, bang car many times and even he hurt his arm and leg, he even says that he will kill himself and use scissor, knife, etc to hurt himself while drinking. He didn't even go to his office (family business). Sometimes, I feel he is pyshco as he always change his views towards each and everything and do above nonsense stuff.

This thing is happening from 3rd of marriage not on daily basis but happend 6 times till yet and we never establish physical relation till yet and now I don't want too as I am scared that things will not change.

Now I am at my marital home from past 15 days, One day he came to home and shout on me and then left smiling.

Can I file for a divorce or will marriage can be annulled as I am just married for 47 days or Is I am thinking of this too early. What will be the procedure and how I will look forward and what rights I have??Can my family get back all the money spent on marriage celebration.

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8 Replies

satya (Manager) 17 April 2012

It is better you file petition to annul your marriage.

Guest (Guest) 17 April 2012

Dear Querist,

Presuming that you married under Hindu Marriage Act, a petition for divorce cannot be filed before a year from the date of marriage. This requirement can be waived only in case the petitioner spouse is made to face extreme hardship at the hands of the respondent spouse. The courts however don't waive this condition as a matter of routine. If you wish to file for divorce, record his threats and abuses at home. Once you have sufficient evidence with you, you may file for divorce citing 'extreme hardship'. No judge would bypass the requirement of one year when the marriage is just 47 days old, unless you are able to produce prima facie evidence which manifests extreme cruelty being meted out by your husband to you.

You may also file for annulment of marriage on the ground of it not being consummated.

Give some more time to your marriage. If nothing works out, file for annulment.

HK_Jain... (498a Fighter) 17 April 2012

follow Ashish

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 April 2012

If the above circumstances are truw, you can file a case of nullity in the competent court.

No point waiting for One Year for filing divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

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Shantanu Wavhal (Worker) 18 April 2012

Drunkenness

No doubt drinking is a constituent of culture all over the world, and is almost a cult in certain societies. Yet, even here as elsewhere a habit of excessive drinking is a vice and cannot be considered a reasonable wear and tear of married life. No reasonable person marries to bargain to endure habitual drunkenness, a disgusting conduct. And yet it is not an independent ground of any matrimonial relief in India. But it may constitute treatment with cruelty, if indulged in by a spouse and continued, in spite of remonstrances, by the other. It may cause great anguish and distress to the wife who never suspected what she was bargaining for and may sooner or later find living together not only miserable but unbearable. If it was so, she may leave him and may, apart from cruelty, even complain of constructive desertion; Rita v. Brij Kishore, AIR 1984 Del 291.

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