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Reshma Thiwari (house wife)     08 March 2015

Husband giving divorce in 2 months after marriage

Hi myself reshma, I have got married last 2 months back. Just after 7 days of my marriage, my husband started his over involvement in my past life. As every individual will have a past life. But my past life nor anyone from my past life interfered in my current life but my husband due to some insecurities started harrasing me with irrelevant clashes and getting to my past things which is already over. now he wants divorce from me which i dont like, i love to live with him, what to do.



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 13 Replies

Adv. Chandrasekhar (Advocate)     08 March 2015

1.  Divorce is not possible within one year from the date of marriage.

2.  Technically, wife's past character is not a ground to get a divorce.

3.  Instead of going for divorce, he may file for annulment on the ground that fraud has been perpetrated against him  for commiting the marriage by concealing the your past relationships.

4. For that he has to prove your past relationships, which is difficult.

5.  Even he does not succeed, how far can you go on with such a person, who rakes up the past history to create present turmoil in your life as well as in his life?  The decision is yours.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 March 2015

Dear, He cannot take divorce unless one year gets completed of marriage..... Sit and discuss the matter and even got for counselling thing if you want .... Kapil Chandna Adv 9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     08 March 2015

U mentioned about UR past life, have U concealed anything about it to UR husband,if at all anything existed? If he is really aware why should he feel it just 7 days after marriage.If UR marriage was mutually agreed, better get good councelling instead of breaking away

Dr J C Vashista (Advocate)     09 March 2015

What is your apprehension regarding your pre-marital affair/ love story or something else which is disturbing your husband, who has decided for such an extreme step just within a couple of month of married life? 

Discuss the issue with him and sort out amicably.

Adv k . mahesh (advocate)     09 March 2015

i agree with your contention that everyone has their own past life and also noting to be in present life but everyone thinks that their present life should be a fresh and a happier with what they are with present 

in your situation it is not clear who disclosed about their past and what is your past is irrelavant but the person who was upset about the same may spoil in future if now he considers it but in future who guarantees a happier life 

now if he wants to file only annulment is the only option to file before one year of marriage and on fraud only he can file this petition and have you shown any evidence of your past if not dont worry because he has to prove and without the presence of that evidence with him the case will be dismissed 

Born Fighter (xxx)     09 March 2015

If your PAST was unfortunately disturbing and continues to be a part of your present and was hidden from your husband then he will ask for annulement of marriage on grounds of fraud. Only you know the facts better...

However if your husband is unnecessarily raking up your past which is over and no where interferring in your present then you both should try and discuss, if reqd seek counselling and seek amicable reuinion. However if your husband is adamanant then you have no choice but to accept the relation has no future and seperate amicably. However i think you need someone in your relation or senior person to mediate for resolution. Do not threaten with false cases on advice of anyone....pls remember you need to exit peacefully (if thats the only solution) as you have a life ahead !!

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

If you want to live with him in the marital ties you do not accept his pressure for divorce, even if he is filing one, it will be his burden to prove the allegations.  Moreover he cannot file divorce within one year from the date of marriage, so allow him to try his gimmicks and get failed in his attempt.  Henceforth do not reveal anything about the past life to him to avoid he danger of he recording it to use against you in the litigation.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 March 2015

 

Quite contrasting query posted by one MR KITTU

 

Hi All, 

I wish to know if it is possible to get an annullment if both parties agree? My marriage is not even 5 months old and I have discovered my wife's illicit affair. If the elders intervene and allow us to separate can we go for annullment instead of marriage? 
1. Should I allow her to file for it on grounds of non consumation due to my impotency and I dont reply and court grants it? How long can this take? Can she withdraw her application in between?
2. OR Should I file on grounds of Fraud and hiding of facts+non consummation and ask her not to respond? How long of time window will she have time to respond? Can I make her respond saying she accepts this and courts grant it?

What could be the fastest and safest way forward. 
Please advise. 

T. Kalaiselvan, Advocate (Advocate)     11 March 2015

@Sainath Devalla: Either way if you both are mutually consenting for such an arrangement, either of one can file a petition for annulment of marriage and as agreed between you, the other party can remain absent after receiving the summons subsequent to which an exparte decree can be passed, but make sure  that there is no fraud involved in this.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 March 2015

Dear Kalaiselvan,

 

I felt both the queries had similar subject matter

Reshma Thiwari (house wife)     15 April 2015

now iam eaven not interested in that man who doubts me always, so what r the cases i can put on him, now  he thrown me out of his home, i have done nothing wrong and i dont have any affairs but he has doubts on me, i too dont wan to live with such a person, i have given 25 lacks dowry to him, lived 1 week with him , other than my dowry what is the money i can get from him, what all the rights i will have now, please help me.

kumarkumar (business)     15 April 2015

Did you reveal him about your past life, if you have told about your previous love life?

Reshma Thiwari (house wife)     16 April 2015

nothing wrong i have done in my past, i dont have any affairs,  i have friends who chats normally, send pics normally, based on that he doubts on me, based on that he decides i have affair, which he is not having any proofs on that,  i put all efforts and  tried to make understand him a lot,   basically  he did not like me as iam dark and he told me that on their parents force he married me and he is not interested on me,   still i tried to compramise my self and be with him for society ,

but now he crossed his limit and using unparlament words and pushed me out of his home and their parents also with him. now suggest me what to do, what actions to be taken.


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