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divorce within 5 months of marriage


Hi,

I was married 5 months ago and after the marriage and till today my wife never allowed me to touch her. Hence there is no physical relationship so far. She stayed with me for 10 days after marriage and after that she went to a different city where she works. She don’t even pick my phone call and also don’t want to come to my city where I work.

I want to know can I ask for divorce on these grounds. Under which section of law I can ask for divorce? Is any kind of proof required under these sections, presently I don’t have any. Can you suggest me any case in which divorce was granted in these circumstances? How much maximum time it will take to get a divorce under those sections? Can u suggest me any good divorce lawyer in Bangalore?

Regards,

Kush

 
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You have to wait for one year but you can apply fo nullfication of the marriage.Did you consummate?


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advocate

You see, if your wife is not interested to have any physical relationship despite having the opportunity to do so, it means, in my opinion, her impotency in respect of you.  The impotency may not be universal in her case and also it may not be physical problem.  Still, she may have got certain psychological problems qua (in respect of) you in consumation.  If that is the case, instead of going to "divorce" you can opt for "annulment" of marriage.  This annulment will take away the burden of providing maintenance to her and also gives you opportunity to file a case within one year of the solemnization of marriage. 

If you opt for divorce, you have to wait atleast one year from the date of marriage to file a case under "cruelty" ground. 

The time that will take depend upon the case log of the particular court, where you file the case.  Generally, it will not be less than 3 years.

Dipender, Advocate,

dkarvind17@gmail.com


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If you don't want this relation you may aproach for annulment and you have to show the facts for annuling your marriage
 


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zz

Believe me.............the roads suggested by ld members are very tortuous & wont give a timely result. U may be in greater trouble from woman-biased laws if u initiate something LEGAL 1st.

My view point:- Dig deep into the root cause of her behaviour....whether she married against her will.....whether she has a boyfriend in her life............whether she is scared of S*X?.............then sort out the things accordingly.


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advocate

 

Originally posted by :rajiv_lodha
"
Believe me.............the roads suggested by ld members are very tortuous & wont give a timely result. U may be in greater trouble from woman-biased laws if u initiate something LEGAL 1st.

My view point:- Dig deep into the root cause of her behaviour....whether she married against her will.....whether she has a boyfriend in her life............whether she is scared of S*X?.............then sort out the things accordingly.
"

 If she has been married against her will - Then the solution lies only in annulment.

If she has a boy friend in her life and does not want to leave him-Then also the solution lies only in annulment.

If she is scared of s*x - I already told a psychological problem in my earlier post.  If she does not show interest to go psychological treatment then also the solution lies only in annulment.


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practicing advocate

You have to wait for another 1.7 months to get the divorce on the ground of desertion.  Now you cannot apply for the divorce.  civil court decree is the final, if elders made a comrpomise and if there is any divorce agreement it does not binds on you both.  to dovirce civil courts have got power.


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Advocate

You can ask the court to declare your marriage as nul and void. if you want to file divorce you should wait for a period of 1 year from the date of marriage.

http://yourdivorceadvocate.blogspot.com

 
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Advocate/ nadeemqureshi1@gmail.com

DearKush

you can file a petition for Declarartion  voidable marriage & get nullity decree from the court u/s 12 Sub section(1) (a) with the ground that the marriage has not been consummated owing to the impotence of the respondent.

in this case if the wife take plea that she is not impotance then file an application before the court that this is cruelty & get divorce .

feel free to call

 
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Sir,

Thanks for your reply. Here I would like to mention after marriage my wife told me once that she was not willing to marry. Can this statement be used in court.

I have following query:

1) As per u/s 12 does impotence means medical impotence.

2) If girl does not want to make physical relationship with her husband even once, then does this is called as impotence of girl.

3) Which route will take less time:

To file for voidable marriage now as per u/s 12 or wait for 1 year and go for mutual consent divorce.

What are the pros and cons of each route.

Regards,

Kush

 
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