Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

trishi (manager)     28 April 2014

How to get divorce at the earliest in my situation

Sir/Madam,

I got married 5.5 months back. But my husband , everyday, in everything , criticized me, abused me, threatened me, demeaned me, non-consummated the marriage, and criticized every effort of my paternal family, and its all members, inclusive of parents, for everything.

I am a well qualified girl earning handsome salary. Also, my husband. Also, my in laws earning good pension.

1. Criticism- of the way i look, as i don't have zero figure. By comparing me with every other girl. Making me feel dejected. Even clearly i was told that i was rejected earlier but he does not know why he said yes.

2. Instructing me - how to sit, how to walk, how to eat. Just like thing. are visible on a tv. The ultra modern society etiquettes. That too, with criticism. To use what budjet cosmetics. To wear clothes of his mothers choice on one side. On other side, the look of a tourist girl going from a tourist road i should carry myself.

3. Salary - They havent told any of theor relatives about my job. And i was told to keep it a secret , on the engagement day,that their son is marrying a post graduate jobless girl and later, they will get me a job by their appraoch. Binding my expenses to 5000. Rest of it to his mother. Not as respect, but becoz , my father have donated me to him. And he has the right on my salary similar to the way, when someone buys a cow and his owner has the right on her milk and child of cow. These are wordings of my husband.

4. Character - I shared with him that i used to like a boy 3/4 years back, but could not marry bcz of caste. He is return shared with me that he slept with a prostitute. And now he is telling my paternal family, that i had phsycal relation earlier. but still, he is ready to accept me.

5. Dowry - He n his family first demanded dowry as a part of custom.  Then they said that they wont take in front of public. And we were forced to sent it to their home. And in receipt, the cunning husband wrote....recived from...the name of the driver. Not acknowledjing that they have received.

6. Killing- On the meeting of reconcilliation, he told his parents that he will drive into the khaai....in hills, if they said anything to their son.

7. I came back to my home to join my service and get relived. But, did not go back till date. becoz of dispute...of non consummation, criticism, to the extent that i went to depression for months, and self obssesion of husband as GOD of me, in his words, and treating/valuing me as animal, and valuing my job by saying k if i leave job, he will laeve me, by demanding salary/previous savings, half honeymoon expenditure, always it was the job. The salary. The budjet. the criticism. Not ven a single moment i felt that i married to a human who can become a friend, and a husband.

 

Till date, after the reconcilliation meet  months back, he has never called. Nor his family. But he is going to my realtives by defaming my character, forcing them to get weakened and so that they send me back. And my family is very weak.

I am alone to fight. Becoz he knows to speak. And my family is not bold enough to fight for my happiness. 

We sent him notice through lawyer. He denied everythinng obvious. And put blame of evrything on me. But i have some of the call recordings that broke me complety, as some evidence. Nothing else i have as evidence.

People say that before 1 year, i cannot go for divorce. I am getting sick day by day becoz they have just excuses. No answrers. they never called my parents. me. fantasy of husband as god, wife as slave., 

Please guide. I dont want to become criminal and destroy everybody and everything becoz of such mentally sick people who dont consider me a human even.



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     28 April 2014

Trishi you can not change the mentality of such non sense family , life is precious you cannot spoil your life with such greedy and impotent person , no need to go for reconcilation , for how many time you take initiate in your life , better to file for voidable your marriage u/ s 12 (a) of hindu marriage act ( i.e . that the marriage has not been consummated owing to the impotence of the respondent ) , on The ground of non consummation of marriage you can file for viodable your marriage in the family court before completion of one year of marriage .

Mahesh R. Sonawane (Lawyer/Fight for justice)     28 April 2014

Please go through this section 14 of Hindu Marriage act... I think you get the answer....

14 No petition for divorce to be presented within one year of marriage .—

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:
 
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register