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AMIT AGARWAL   27 December 2022

Divorce after 1 month of marriage

Hello ,

My friend ( Ashok ) got married to Suman on Dec 05th 2022 ( as per Hindu rituals). 

After marriage there is no physical relation between the two and Suman has clearly mentioned that she is not interested at all in all these things.

Later Ashok found that the Suman is deeply engaged with her friend Aarti . 24*7 she is in call/video call with her and not taking interest in Ashok neither in Ashok's family.

This has given Ashok a hint that Suman is "lesbian" and he got it confirmed from some of Suman's known friend circle but no one seems to be ready to say that openly.

Now Ashok wants to take divorce from Suman.

 

What are the possible ways to do the same ?



Learning

 14 Replies

Sidhhi   27 December 2022

Should wait for some more time.

SHIRISH PAWAR, 7738990900 (Advocate)     27 December 2022

Hello, 

Try to amicably settle the issue by involving elders from both the sides if there is any misunderstanding between the parties. 

Otherwise divorce can be filed after one year of marriage. 

kavksatyanarayana (subregistrar/supdt.(retired))     27 December 2022

Yes.  Sri Shirish Pawar sir well said and I concur.

Sandhya Sharma   27 December 2022

You should wait at least one year. Now you can file

Dr J C Vashista (Advocate)     28 December 2022

Let Ashok or Suman may consult and engage a local prudent lawyer for analyses of facts, professional advise and necessary proceeding, if either of them is interested.

How you are concerned  / interested in the marriage or divorce?

Time pass query.


Sudhir Kumar, Advocate (Advocate)     29 December 2022

whether both parties agree to divorce.

AMIT AGARWAL   29 December 2022

@Sudhir Kumar : Yes

Anubhav Tyagi   29 December 2022

You can file an annulment petition on account of non consumation of marriage.

Check out my video on IPC 498A me FIR kaise register hoti hai? FIR in Dowry cases

 

Dr J C Vashista (Advocate)     30 December 2022

@ Amit Agarwal,

You did not respond to my query qua your locus / concern /problem ?

Best wishes for the coming New Georgian year-2023

 

Sudhir Kumar, Advocate (Advocate)     30 December 2022

Originally posted by : AMIT AGARWAL

@Sudhir Kumar : Yes

 

Annulment of marriage was possible if they were muslim.  In hindues the marriage is complete and binding on bo0th parfties on completion of ceremonies irrespective of the fact whether they are livign or not living togather.

 

In case both parties are willing for mutual divorce then appliction can be made after one year of seperatiion which will be decided withi9n 6 months thereafter.  So atleast 1 1/2 year game is there.


Dr J C Vashista (Advocate)     30 December 2022

Under the provisions of Hindu Marriage Act, 1955 

The grounds for a marriage annulment are varied to the different jurisdictions but are limited to fraud, bigamy, blood relationship and mental incompetence and includes the following situations as well:

1.     Any of the spouse was already married to someone at the time of the marriage

2.     Any of the spouse was young to get marriage or marries without the consent of parents/court;

3.     Any of the spouse was under the influence of drugs or alcohol at the time of the marriage;

4.     Any of the spouse was mentally incompetent;

5.     If the consent was obtained through fraud or force;

6.     Any of the spouse was physically incompetent to get married (basically he is unable to have s*xual intercourse);

7.     The spouse who is sentenced for a life term imprisonment.

Sudhir Kumar, Advocate (Advocate)     30 December 2022

since any of the conditions as above are not apparent in your case, the mutual divorce is the only way out.

Alpa Jogi (Advocate) (Lawyer / Advocate)     31 December 2022

When both are ready for divorce, it is better to take divorce by mutual consent rather than going in the legality of the matter. It is always better to move ahead in the life unless there are some serious hurdles (legal in this case)

 

Regards

Alpa Jogi (Advocate)
Divorce Advocate in Ahmedabad

Ramanathan G (Independent practice)     01 January 2023

Only after minimum waiting period, divorce petition can be filed. However to declare her as unfit for marriage and nullity, immediately petition can be filed.



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