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kush (engr)     24 December 2011

Divorce within 5 months of marriage

Hi,

I was married 5 months ago and after the marriage and till today my wife never allowed me to touch her. Hence there is no physical relationship so far. She stayed with me for 10 days after marriage and after that she went to a different city where she works. She don’t even pick my phone call and also don’t want to come to my city where I work.

I want to know can I ask for divorce on these grounds. Under which section of law I can ask for divorce? Is any kind of proof required under these sections, presently I don’t have any. Can you suggest me any case in which divorce was granted in these circumstances? How much maximum time it will take to get a divorce under those sections? Can u suggest me any good divorce lawyer in Bangalore?

Regards,

Kush



Learning

 18 Replies


(Guest)

You have to wait for one year but you can apply fo nullfication of the marriage.Did you consummate?

1 Like

dipender kumar (advocate)     24 December 2011

You see, if your wife is not interested to have any physical relationship despite having the opportunity to do so, it means, in my opinion, her impotency in respect of you.  The impotency may not be universal in her case and also it may not be physical problem.  Still, she may have got certain psychological problems qua (in respect of) you in consumation.  If that is the case, instead of going to "divorce" you can opt for "annulment" of marriage.  This annulment will take away the burden of providing maintenance to her and also gives you opportunity to file a case within one year of the solemnization of marriage. 

If you opt for divorce, you have to wait atleast one year from the date of marriage to file a case under "cruelty" ground. 

The time that will take depend upon the case log of the particular court, where you file the case.  Generally, it will not be less than 3 years.

Dipender, Advocate,

dkarvind17@gmail.com

2 Like

(Guest)

If you don't want this relation you may aproach for annulment and you have to show the facts for annuling your marriage
 

1 Like

rajiv_lodha (zz)     24 December 2011

Believe me.............the roads suggested by ld members are very tortuous & wont give a timely result. U may be in greater trouble from woman-biased laws if u initiate something LEGAL 1st.

My view point:- Dig deep into the root cause of her behaviour....whether she married against her will.....whether she has a boyfriend in her life............whether she is scared of S*X?.............then sort out the things accordingly.

1 Like

dipender kumar (advocate)     24 December 2011

 

Originally posted by :rajiv_lodha
"
Believe me.............the roads suggested by ld members are very tortuous & wont give a timely result. U may be in greater trouble from woman-biased laws if u initiate something LEGAL 1st.

My view point:- Dig deep into the root cause of her behaviour....whether she married against her will.....whether she has a boyfriend in her life............whether she is scared of S*X?.............then sort out the things accordingly.
"

 If she has been married against her will - Then the solution lies only in annulment.

If she has a boy friend in her life and does not want to leave him-Then also the solution lies only in annulment.

If she is scared of s*x - I already told a psychological problem in my earlier post.  If she does not show interest to go psychological treatment then also the solution lies only in annulment.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     24 December 2011

You have to wait for another 1.7 months to get the divorce on the ground of desertion.  Now you cannot apply for the divorce.  civil court decree is the final, if elders made a comrpomise and if there is any divorce agreement it does not binds on you both.  to dovirce civil courts have got power.

1 Like

K.P.Satish Kumar (Advocate)     25 December 2011

You can ask the court to declare your marriage as nul and void. if you want to file divorce you should wait for a period of 1 year from the date of marriage.

https://yourdivorceadvocate.blogspot.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2011

DearKush

you can file a petition for Declarartion  voidable marriage & get nullity decree from the court u/s 12 Sub section(1) (a) with the ground that the marriage has not been consummated owing to the impotence of the respondent.

in this case if the wife take plea that she is not impotance then file an application before the court that this is cruelty & get divorce .

feel free to call

kush (engr)     25 December 2011

Sir,

Thanks for your reply. Here I would like to mention after marriage my wife told me once that she was not willing to marry. Can this statement be used in court.

I have following query:

1) As per u/s 12 does impotence means medical impotence.

2) If girl does not want to make physical relationship with her husband even once, then does this is called as impotence of girl.

3) Which route will take less time:

To file for voidable marriage now as per u/s 12 or wait for 1 year and go for mutual consent divorce.

What are the pros and cons of each route.

Regards,

Kush

Snehal (Lawyer)     03 January 2012

I KNOW THE PROCEDURE TO GET THE DIVORCE WITHOUT COMPLETING ONE YEAR TO U R MARRIAGE. I USED IT MANY TIMES IN MY COURT PRACTICE. AS I AM LAWYER U WILL GET QUICK RELIEF FROM U R WIFE BY FILING DIVORCE WITHIN ONE YEAR OF MARRIAGE. ALSO I USED IT IN MY PERSONAL MATTER ALSO & GET SUCCEDED IN IT.

CALL ME ON - 9422247317.

ADV. S.B.KOLHE


1 Like

galsober@yahoo.co.in (def)     03 January 2012

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2 Like

Snehal (Lawyer)     06 January 2012

i am not advertising myself. I really he needy peoples help who facing this type of matriminial problems. Because I also gone through these problems & successfully came out of these problems. I know these matrimonial probles in a married perons life. I personally fight out this in my personal matter. Read my story at https://www.498a.dreamhosters.com/forum/viewtopic.php?f=41&t=7786. Everyone get the idea about my case. Free advise has always given by me in matrimonial problems.

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1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 January 2012

This is advertisement sir and things are not as easy as you profess. 

MOREVER THE VICTIMS BECOME MORE SMART AFTER INITIAL HICCUPS.

2 Like

dipender kumar (advocate)     06 January 2012

 

Originally posted by :kush
"


Sir,

Thanks for your reply. Here I would like to mention after marriage my wife told me once that she was not willing to marry. Can this statement be used in court.

I have following query:

1) As per u/s 12 does impotence means medical impotence.

NO. IT CAN BE ANY TYPE OF IMPOTENCE, SOME TIMES IT MAY BE PSYCHOLOGICAL.  OR SOME TIMES IT MAY BE HER IMPOTENCE IN RESPECT OF YOU ONLY. THERE ARE SEVERAL REASONS FOR A PERSON TO HAVE AVERSION TO HAVE SEX WITH A PARTICULAR PERSON.  IT IS CALLED IMPOTENCE IN RESPECT OF SUCH PERSON ONLY AND THE COURTS RECOGNIZE SUCH SITUATIONS AND IN THOSE CASES, IF FACTS ARE PROVEN, THE COURT WILL GRANT ANNULMENT.

2) If girl does not want to make physical relationship with her husband even once, then does this is called as impotence of girl.

YES. IT IS CALLED "RESPONDENT'S IMPOTENCE QUA PETITIONER".

3) Which route will take less time:

To file for voidable marriage now as per u/s 12 or wait for 1 year and go for mutual consent divorce.
 

IF THE WIFE AGREES FOR ANNULMENT, THEN FIRST COURSE WILL TAKE LESSER TIME. 
What are the pros and cons of each route.

IN ANNULMENT OF MARRIAGE, BOTH PARTIES CAN BE TREATED AS UNMARRIED AS THE MARRIAGE IS NOT VALID IN THE EYES OF LAW.  BUT IN DIVORCE, AFTER THE DECREE, BOTH WILL BE CALLED DIVORCEES.  THERE IS DIFFERENCE EVEN IN MAINTENANCE PART ALSO.



 

"
1 Like

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