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Sriram.... (Officer)     29 August 2012

Husband does not want divorce

If a wife files for divorce after living with her husband for only 2 months post marriage, what is the possibility of getting a divorce by the wife (Its a Love Marriage)? Also if the Husband does not want Divorce, is it possible to fight the case in our gender biased society?



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 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 August 2012

 

A petition for divorce cannot be filed within one year from the date of marriage except in the cases that where if the permission to file the petition within one year is denied, it would result in exceptional hardship to the party. Also all depends upon what are the grounds on which the divorce is sought and whether the wife has sufficient evidence to prove the allegations made by her in the petition. If the husband does not want divorce he can fight out the petition on merit. However, in such a early stage it is better to resolve things on the family level by proper mediation of relatives / elders.

Sriram.... (Officer)     29 August 2012

Hi Archana,


Thnk u for te reply. My wife is asking me for divorce by Mutual Consent. I know this can be don only after 1 year but she wans to keep the papers ready now itself. She has sent me 3 Notices til now and i hav replied statin that i cant give consent. She is now threatenin to file false complaints on me and my parents to get her way. Mine is a love marriage and its been 4 months since we got married and in that 4 months we spent 1 month in our honeymoon and another 1 month in her parents house. Balance 2 months we hav been totally away from each other. I hav also spent around 18 lacs on her durin our relationship. I hav ample proof for this (Lik RTGS/EFT transactions, money spent by me for the honeymoon, Plus my parents hav bought a separate flat for us worth 1.5 crore in chennai). Even after doin al tis she has started to listen to her parents and she wans to dump me. Kindly help me as to how to deal wit tis situation.

Prashant Ghai (Advocate) (PrashantGhai.com)     29 August 2012

A divorce petition cannot be entertained before the expiry of 1 year from the date of marriage. If you do not agree to divorce by mutual consent, she can not legally force you for it and you have every right to challenge her divorce petition. Which raises the point that, as she has already threatened you, she would have to file a petition for divorce on false and frivilous ground in order to get a divorce from you. So all you have to do it be prepared mentally and legally to challenge her false and frivilous grounds and there is no way she can get a divorce if you succeed in proving her wrong in court.

 

The other side of the coin is that even if you suceed, what would be the point of being married to a person who does not wants to be remain married with you. It will only cause you mental agony and irritation. In my opinion, it would be better to settle the matter with the help of elders, if not, then go for mutual divorce and start a fresh matrimonal life.

b man (Namaste)     30 August 2012

 

Dear Sriram,

 

Keep talking to your wife & record all conversations; it will help you prove that the allegations leveled against you are false.

 

If you have audio / video recording of her threatening to file false cases against you in court, it will make your job of defending yourself that much easier.

 

Warm regards

P.S: I’m not a lawyer

victimof bisedlaw (jobless)     30 August 2012

@ b Man/ respected Archana Ji,

audio/ video recording can be accepted by court. Wife/ MIL/ FIL surly deny from voice of them. How I will put rcording before the court.

 

best regards.

b man (Namaste)     30 August 2012

 

Dear victim Of Biased Law,

 

They will obviously deny. But FORENSICS science will NAIL them.

 

FORENSICS analysis can easily prove if the voice/video is authentic or not. They analyse voice patterns to confirm if the said voice belongs to a particular person. Every human being has different voice pattern/tone; forensics can match suspects voice with the recording to confirm it.

 

Courts consider forensics as irrefutable evidence.


Warm regards

P.S: I'm not a Lawyer

rajiv_lodha (zz)     30 August 2012

If somebody wants to use electronic records as evidence, he shud preserve the data in ORIGINAL FORMAT PREFERABLY IN ORIGINAL DEVICE................only then it will be valid in the eyes of law!

victimof bisedlaw (jobless)     31 August 2012

Dear Rajiv_Lodha

It is not possible to hold data in one device as it hard disk may full or may be distroy/damage any time so it is safe to copy it another place. Now if I kept copy of data another place then the validity of data had gone? It has lost the proof of innocent.

reply the answer soon as the answer will decide my & my parents life.

Best Regards,

victimof bisedlaw (jobless)     01 September 2012

Rajiv_lodha or

any other expert

I am waiting your kind reply.

Best Regards


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