Tanvi 16 March 2018

Divorce period

Hello all, I am asking advice for divorce time. I have read different articles regarding what time is required in Contested divorce. I am married for three years now. There was no consummation of marriage. I tried to support him but he failed to take any treatment for it. It was a mental torture and finally I decided to get out of it. My husband is not ready to accept the failure of marriage. I waited that long -3 years, because it was a love marriage and I didn't want to bail out of the relationship if the issue could be handled. His parents are asking me to wait so that they can convince him. They don't want to fight. But he is in USA and not going to come here for next few months. There is no communication between us and we are living separately for a year now. He is in complete denial and doesn't want to even discuss about a divorce. The way his parents want it is that I wait for another 4-5 months before he accepts it and then he comes and talks about it. I understand that contested divorce can take any number of years, but for such cases where the cause between mental cruelty is related to probably relative impotency/non consummation of marriage, how much time can it take? This I believe could even be proved by my physical tests ( a non ruptured hymen). Is that acceptable in court as a proof? I have some of his messages, where he writes about this as well. I don't want to depend on his potency tests. I believe they are just playing delaying tactics. How much time can I expect for a contested divorce? I don't want any alimony or maintenance. I am earning and can manage my own finances. There is no shared asset. There are two options, I could wait for another year for mutual divorce till he accepts it, which is also doubtful or go ahead with contested divorce. I have given enough time to this relation and I don't want to linger it anymore. Contested or wait for mutual is what I have to decide. Is contested divorce really that difficult for such a case? In case of contested, can he keep on extending the dates on the basis that he is in US? Thanks for sharing your knowledge here, Tanvi

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10 Replies

KISHAN DUTT KALASKAR (Advocate) 16 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Vijay Raj Mahajan (Advocate) 16 March 2018

You can file the divorce against him on the ground of cruelty. You were refused the husband & wife s*xual relationship by him itself is an act of cruelty without challenging his potency in court that is good enough ground for you to get divorce from him. He has deserted/ignored you after the marriage itself throughout these 3 years is another ground of divorce. The contested divorce on his part will be in case you seek permenant alimony and maintenance from him otherwise I doubt he will contest the divorce filled by you on simple grounds as mentioned above. If the husband not contested the divorce proceedings, ex-parte decree of divorce will dissolve your marriage by the Family Court.

Adv Radhika Mehta (Advocate) 16 March 2018

You can file for nullity on the ground of the relative impotency or refusal to consummate the marriage depending on the statute you were married under. However, unfortunately, in our Indian Courts the time taken would be the same i.e. a couple of years. That still is better than endlessly waiting around for your husband to agree for a Divorce.

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Tanvi 16 March 2018

Thank you everyone. For bringing some clarity on this issue. Everyone has been advising me to stick to mutual divorce as it is supposed to be simpler. But waiting for him to get ready would easily take 6-7 months more. @adv. Mehta - I am married under the Hindu marriage act. @Vijay Raj Mahajan - By desertion, do we mean physical desertion only? Because we were based in US for two years and I returned some months back.

Tanvi 16 March 2018

Vijay Raj Mahajan (Advocate) 16 March 2018

Desertion includes intentional absenting from husband and wife relationship, which was there in your case. Living under the same roof doesn't mean living in husband and wife relationship, even as husband and wife you can be living like strangers and if he made you to live like that than he's to be blamed for the act of desertion.

sai narayana 20 March 2018

Deprived from s*x is mental Cruelty u/s 13.1.(ia) so it's enough for obtaining divorce without any need of showing the hymen as evidence etc. And don't seek any alimony and also don't make any unwarranted allegations against anyone so that your husband will not object much to it and your divorce will be a smooth affair. And do remember that email is also a valid mode of service which will fasten your case so you should enlighten your lawyer about it. If you need any past judgments (case laws) in support of your case, pm me.