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Yogesh (Software Enginner)     20 August 2012

Divorce just after 9 months of marriage

Hi,

I got married recently on November 2011. My wife is pregnant. But her nature is changed and it seems that living my life with her is just like hell. She is in her hometown and don't want to come to me. She also don't ever call me or to my parents. Her parents also don't call me. I am just fade up making her understand about she is doing with our relation ship.

I want to get a divorce from her. She is not worthy of my love and care. I explored everything. I also asked for help from his family. But they are backing her up. Please suggest me.

Can I get a divorce? What are the formality. Can I have my baby with me?



Learning

 3 Replies

Adv. Avinash Pandey (Corporate Associate)     20 August 2012

1. Yes, you can get divorce. A divorce can be obtained by two ways:

(a) Divorce by mutual consent

(b) Contested Divorce

Mutual consent divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband and wife.

In contested divorce you will have to contest it on the grounds such as cruelty, desertion, unsoundness of mind, impotency, renouncing the world etc

2.  There are various factors on which court takes into consideration for custody of the child, including:

  • the child's age, s*x, and mental and physical health
  • the parent's mental and physical health
  • the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse
  • the emotional bond between parent and child, as well as the parent's ability to give the child guidance
  • the parent's ability to provide the child with food, shelter, clothing, and medical care
  • the child's established living pattern (school, home, community, religious institution)
  • the quality of the child's education in the current situation
  • the impact on the child of changing the status quo, and
  • the child's preference, if the child is above a certain age (usually about 12).

rajiv_lodha (zz)     20 August 2012

Originally posted by : Adv. Avinash Pandey

1. Yes, you can get divorce. A divorce can be obtained by two ways:

(a) Divorce by mutual consent

(b) Contested Divorce


Mutual consent divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband and wife.

In contested divorce you will have to contest it on the grounds such as cruelty, desertion, unsoundness of mind, impotency, renouncing the world etc

2.  There are various factors on which court takes into consideration for custody of the child, including:


the child's age, s*x, and mental and physical health

the parent's mental and physical health

the parent's lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse

the emotional bond between parent and child, as well as the parent's ability to give the child guidance

the parent's ability to provide the child with food, shelter, clothing, and medical care

the child's established living pattern (school, home, community, religious institution)

the quality of the child's education in the current situation

the impact on the child of changing the status quo, and

the child's preference, if the child is above a certain age (usually about 12).
 

Dear Advocate Pandey!

Queriest has disclosed that he was married in NOV. 2011. Then how come he file for divorce within 1yr the way u have suggeted him to do so??

Adv. Avinash Pandey (Corporate Associate)     21 August 2012

Apology, i missed to convey the same. Divorce within a year is not possible because it is the vision that one year must be given to the couple to settle down and if they are not able to settle down then they can go for divorce.

However, annulment of marriage is possible under exceptional circumstance wherein the spouse is impotent or the marriage is without free consent. Which is not the case here.

Hence, the queriest has to wait for completion of 1 year from the marriage here.


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