Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rahul (engineer)     15 March 2008

Divorce advise

I got married 2 years back. It was love marriage where my family was against it and my in-laws supported it.
I got married without informing my family as my inlaws said that they will arrange another function once my family is convinced.

Me and my wife both r working. We dont have kid. In past 1 year we had minor fights, lot of differences, ego clashes.
For me I thought these r minor things. My wife in relationship was always dominating, but I had no issue.

In mean time I was doing balancing act of pleasing my wife and my parents.
Finally my family conviced and gave green signal to marry to my wife.
My wife was not supportive here. She did not allowed me to talk to her parents.
In mean time - I came to know that she had intimate chat with her friend.
Content were really shocking - she claimed that she just had chat and has not done anything wrong.
This was out of frustation - thats what she claimed. I forgot this - thought of going ahead.

One fine day - she called me saying she is seperating from me.
Many times we said this out of anger but this time even her parents and family called me and said they dont want me in her life.

This was really shocking. I was alone to convince them. I tried lot but no use. I got 2 hours to meet her personally.
Her parents did not allowed me to talk to her directly.
From past few months, we were taking our own finincial decisions.
So at the time of leaving she took everything she had bought, we sorted out finincial matter.
I got few days to arrange money, I paid.

This was real shock, but now it looks like my wife had planned this properly.
I lost few money but I dont have regret - for me saving marriage was more important so I agreed to all terms of my wife and inlaws.

My inlaws said we will file mutual seperation after 1 year as it is mandatory stay away for 1 year.
My wife is currently outside India. This was unplanned thing - Now I have become finincially and morally weak.
I was almost on the verge of loosing job.


When I look back after 4 months - I feel whatever happed is good. Now I really want divorce as soon as possible.

I need legal help on

1) How can I protect my self from getting exploited from my inlaws and wife?
2) How can I get divorce faster than waiting for 1 year for mutual seperation? I hope my wife keep the promise this time.
3) I am under tremendous pressure from my family to get marry - They r unaware of all these things.
I want them to be happy. Can I get marry now or only after divorce?

I really feel sad that I have let myself into such situation.
I got married without informing my parents and now we are seperating.
I dont find reason why my wife did all these things - reason given by my inlaws and wife r really stupid.
Initially thought I will not give divorce - but I feel its better to forget this girl(though I really love her and I tried everything to be good husbund) and get marry to my parents choice girl.

Please help. I need legal + moral support. I am helpless.



Learning

 2 Replies

R. Brizmohan Singh (Practising Lawyer)     15 March 2008

Dear Mr. Rahul,

Your note is self explanatory for all that had happened and also with regard to the decisions you have taken and also sorted out many things and in particular the financial aspect.

Now, the point is what kind of marriage was it and the witnesses to it. It is not clear from your note. Another thing is that you have already taken a decision to go for a mutual divorce. This kind of divorce is the best and is also hassle free for ever. However, it requires that you live for one year seperate and then make a joint application for mutual divorce and then reviving the application 6 months after filing the same. All this is if the marriage falls within the ambit of Hindu Marriage Act. There is no other alternative than to trust your wife atleast in the matters of divorce.

Known (B)     06 April 2008

Call your local MLA at https://www.indiademocracy.org/index.php/electedofficials/stateList/type/MLA and promise him that you will pay party fund. They will help you out.

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