Vasu 27 May 2021

Legal remedy - divorce/separation

Hi,

I got married 5 months back. From the beginning itself me and my wife are finding it difficult to adjust and have very frequent quarrels which has been a mental harassment for me and my family. She recently went to her home to stay there for a month. And now she wants to return which we dont want to happen. Her family is also pressuring us to take her back even though we have clearly communicated that we don’t wish to continue this marriage. She has also maintained a diary in which she has mentioned about a threat to suicide along with other false accusations against us and have also shown that she can physically harm herself by banging her hand against the wall during an argument.The diary is however in our possession now. As per my information we cant take a legal action until 1 yr of marriage. Request for guidance on how to deal with the situation from legal point of view. Also, can they legally force us to take her back in the house which is owned by me.

Vasu

Reply Follow

3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 May 2021

How come you kept her diary without her permission ? No petition for divorce to be presented within one year of marriage.

Vasu 27 May 2021

That’s the problem in our society, men are automatically considered culprits without even considering for a second that they could be the actual victim. The diary is kept as a proof of threat to have her way with us and continue to mentally torture us and was kept to be found by us. What abt sec 10 Hindu Marriage Act - Judicial Separation.

sneha jaiswal 29 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
You cannot seek divorce within one year from the date of marriage on any ground except nullity. Since your reason is mental cruelty, you may have to wait for the completion of a year from the date of your marriage. Also, the diary which you mentioned in the query, keep it, for evidence.
You have one more option that is divorce by mutual consent. For that also, it’s necessary for both parties to stay separate for a time span of one year before seeking divorce by mutual consent. Without dissolving the marriage by a decree of divorce by a competent court of law your marriage will not dissolve.
For more details, please visit: https://www.lawyersclubindia.com/articles/grounds-for-divorce-under-hindu-marriage-law-22.asp
Hope it helps
Regards,
Sneha Jaiswal
Law Student