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Shakti Agrawal (ED)     18 May 2012

Divorce from my wife

I want to take divorce from my wife. Our marriage was on 15 feb 2012 but we were together for around one month. We do not have any physical relation. She does not want to have so, she is not having a developed brain,i have also heard that she is having an affair. After one month she left my home she even told me that this marriage was not done with her consent, she never wanted to marry in a town. She wanted to live a high fi life in a metro city. She does not even respect my family. I want to have a divorce but her parents are denying for it. They do want want to leave me. Please help me what to do and how to do. I am mentally depressed.


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 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 May 2012

If she is not interested in you and also you want divorce, then you both discuss and take decision and file consent divorce petition.

Shakti Agrawal (ED)     18 May 2012

Thanks sir for ur reply....My inlaws are not allowing to do so. Neither she is coming back nor she wants to be with me

Shakti Agrawal (ED)     18 May 2012

Not having s*x with husband can help me or not.....

vipin rathee (partner)     18 May 2012

If  you seek divorce by mutual consent then there will be no problem but this will be after 2 motions..As you told us that your inlaws are not in favour..But still u can seek divorce on the basis of cruelty...consumation is marital obligation and her denial to this amounts to cruelty..it is a valid ground for seeking divorce and other valid ground is illicit relationship.

Shakti Agrawal (ED)     18 May 2012

 

Thanks Ashish Sir, what will be the extreme hardship?

Thanks Vipin Sir, can i file a petition now or i have to wait for some time. Because someone said that it will take 6 months or 1 year to get the hearing date from the court and than also if my inlaws dont want they can extend the date by giving any reason.

498A Missile (Engineer)     18 May 2012

Friend Shakti,

I know your hardship and we came across all those things. Never ever listen to your parents or mediators. Go through the lawyersclubindia forum or 498A forums. We are here to help you, so don't worry. Please gather all the informations from her and get recorded. You have to have all the conversations with proof. File a case in December 2012 according to HMA act. She can't withstand your allegations. 

Thanks,

Shiva.

rajiv_lodha (zz)     18 May 2012

A contested divorce on the grounds of "wife not having s*x with me" is almost impossible.................. Rather contested divorce of any kind is very very difficult in india. Discuss & achieve MCD............that too after 1 yr of marriage!

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