LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

B Anil (RM)     31 May 2014

Divorce without maintanance

Dear Sir, My name is B Anil, I got married on 18 nov 2013 at my native but first night doent happen as my wife told me she need atleast 3 months time to settle down so no physical interaction happened between us during first 3 months after that when ever I approach she say n o to it, my wife is 25 yrs old working women, then all my family along with me got to know that my is having afaire before marriage which she continue with, four month down the line of our marriage on morning she told us that she is going for work and she just text me in evening that she is going to her relative but she not reached there we got to know this in night so we launched a missing complaint, after 5 days she come back and she told us that she don’t want to continue with the relation but her family want time to convance her so she come back after 20days but still she is saying know for relation, now I want without maintenance divorce is this possible ????


Learning

 3 Replies

Jayendra Sevada (Advocate)     31 May 2014

Dear Anil,

 

You may approach the competent Court of Law and file a divorce petition on the ground of non-consummation of marriage. You have specifically plead it in the petition as also you have to move an application with the petition that the decree may be granted and the rule may be relaxed as provided under section 14 of the Hindu Marriage

Act. 

nisha (student)     31 May 2014

Divorce petition can only be filed 1 year after the Marriage.

Yes ,you can get Divorce without maintenance only if you are able to prove:

1) wife is well off and earns sufficiently well that she can take care of herself independently 

2) whereas you earn so minimal that you are not even able to take care of yourself and your parents.

3) you two did not had any marital relation since marriage

4)She loves somebody else and your marriage was just a forcible tie created by her family

But better option is to have a consent divorce that will save your time,money and reputation.

Since you are saying that she already is in love with somebody else why dont you talk to her upfront (without involving your or her parents ) that why is she reacting this way,and that you dont have any problem if she wants to leave you and marry someone else infact console her that you will convince her family also.

Then she should in exchange give you consent divorce and forgo her maintenance. 

Jayendra Sevada (Advocate)     31 May 2014

Dear Nisha,

 

Anyone can file a divorce petition before the expiry of one year but it has to be acoompanied with an application praying the court to entertain the petition and the standards provided under section 14 may be relaxed in favor of the petitioner.

 

Dear Anil,

 

The relevant section seeking annulment of the marriage is Section 12(1)(a) of the Hindu Marriage Act. 

Nisha is very correct to the extent of maintenance that if you able to show it to the court that it is you who is the victim of the marriage and your wife is a working lady then in that case maintenance should not be awarded to the respondent wife.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query