Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Payal ( )     18 January 2012

Need divorce after 2 months of marriage

Hi myself Payal, I have got married last November 28 2011.Which was a forceful marriage by my parents. Just after 4 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. Even there had been physical torture to me. I am currently at my parents home & dont wish to settle down for this marriage any more. Because if there is any reason to have mutual understanding and take this relation further as the first impression shows the mentality of a person and definitely it will come up later if i take this relation further. I am into my young ages (27 Years) and matured enough to understand the consequences of carrying a relation and withstanding it. As in India everything is based out of parents so my first step could not had been strong. Now i want a secured and better life where i can take decisions. Please guide me how to get this marriage void.Because the husband here is not at all understanding and has already given physical as well as mental torture that too in mere 1.5 months of marriage. If a court or individual cant understand the emotions of a relation and asks an individual to still stay 1 year atleast to file a divorce and then grant 6 months of period to re-unite. Its not doing good but infact its destroying the life permanently by taking the good decision years from us to court. I really need a divorce so that i can settle at the same time right now. Please guide for the following : What if I dont go back now and stay at my parents location, and abscond and get married. What if I change my religion and then get married Can I marry right now without taking a divorce and stay somewhere away. Request you to guide me with following Thanks


Learning

 46 Replies


(Guest)

Was your marriage consumed? If not you can file divorce within 1 year.


(Guest)

Dear Payal,

Prima facie, just file a written police complain before the nearest police station about torture/ threaten/ voilence. after that just file a case u/s 12 DV Act before the court and also file a case u/s 13 HM for \"Divorce\".

further, need any help feel free to contact asap.

 

Manoj kumar,

Advocate,

Delhi.

Ph: 0931 044 3650

advocates.agra@gmail.com

Sameer12345 (SSE)     18 January 2012

Is your husband agreed to give divorce? 

1 Like

Bhawani Mahapatra (Law Officer)     18 January 2012

Dear Payal

Pl. don't take any step immediately, even if you don't want to continue the present relation. Sec-14 of Hindu Marriage Act restricts any court to entertain any petition of dissolution of marriage before completion of one year, unless an extraordinaty situation arose. Secondly you can't get married before getting divorce, if you do, then you will be considered as guilty. Also your husband may file a petition for restitution of conjugal rights before the same court also. 

As per your narration, you too lacks some good grounds for filing divorce petition, as the reasons mentioned here may be insufficient for get favourable order. Being a matured girl, you also can't take plea of misunderstanding of nature and consequence of marriage.

If you really want divorce, then do the following: Don't go to your husband's house any more. Dont think of changing your religion. Don't express of your intent of getting married immediately after getting divorce. These may go against you if not handeled properly.

Lastly whats guarantee you better understanding in your next marriage, if its not happened in present. So try to be realistic and try to face the truth. 

1 Like

Shantanu Wavhal (Worker)     18 January 2012

was a forceful marriage by my parents. 

 

my husband started his over involvement in my past life.

 

matured enough to understand the consequences of carrying a relation and withstanding it. 

As in India everything is based out of parents so my first step could not had been strong. Now i want a secured and better life where i can take decisions.

 

Please guide me how to get this marriage void.

 

destroying the life permanently by taking the good decision years from us to court. 

 

I really need a divorce so that i can settle at the same time right now.

 

What if I dont go back now and stay at my parents location, and abscond and get married. What if I change my religion and then get married

Can I marry right now without taking a divorce and stay somewhere away. 

 

 

 

Entire post is suspicious.


1 Like

Shantanu Wavhal (Worker)     18 January 2012

is there any other OPPORTUNITY waiting for you already ??

1 Like

Saurabh..V (Law Consultant)     18 January 2012

Dear Author,

 

I would suggest, you give time to yourself and to your couterpart. Marriage is sacred and so is the relation emerging from it. In place of trying to cool down you are rushing to the end as if its a set target.

 

In my view, you should wait at your parent's house for coming months till your marriage is one year old till Nov.2012 and then you move an application before the court for divorce. I know waiting one year would ruin down the marriage age, but this might also turn out to be fruitful to convert your rash hubby to an understanding cultured person.

 

Abuse in the form of verbal or physical, should not be there in any marriage. But as I see such relations, clashes end-up in physical altercations only when verbal heat is over-flown. Which indicates that the verbal clash was from both the sides and one side being physically stronger flushed anger by using physical power. And in my understanding no one can deny this inference as drawn above. This is when a female get physically abused and only because she is not as well-built as a man, this is called abuse else if female also responds with muscle power, it woudl be a case of brawl not martimony :p

 

Anyways, gyaan apart. I think I have elaborated the complete situation to the author to the best of my knowledge about practical martimony affairs.

 

//peace

/Saurabh..V

Payal ( )     18 January 2012

No the post is not suspicious. This is the actual sight that I have been bearing from past 2months. Its not about 'I have another opportunity waiting to get married already'. Its all about mental & abusive trauma.I really need to get out of this as there are good parts also to live in life.

CS Sandip (ILO)     18 January 2012

Ms. Payal,

As per your written statements you are being involved in suspicious relation based :

1. You want to change your religion.

2. You want to get married.

So, if you want to do as above then how could u got married? (as you mentioned i am 27, matured & understand the consequences of carrying a relation.)

You are thinking only from one side of the coin. What about other side? You put your points but it can't be easy to judge who is wrong unless n until your husband's statement.

1 Like

(Guest)

It seems your husband is also interested for divorce then please go for MCD.

Yes in India you have to wait for some time(year(s) to get divorce.

Sanjeev (Lawyer)     18 January 2012

It is not that easy to walk out of the relationship whatever may be the case. If you want to seperate that can happen only after a year and through mutual consent so a year plus 6 months for the cooling period of MCD.

Filing of any cases criminal or civil as suggested in an earlier reply would not speed up the issues. when you marry there is no force you need to take a in formed decision free force and since there is change in circumstances and you need to live with a new person you need to be ready for some adjustments and the initial hickups. If still you feel there is no way to work this relationship so it would be appropriate to go the easy route.

There cant be a fast track way to come out of the relation and the courts are not wrong in making such laws as then there would be a time that there will be breakups in 1-2 days of marriage and the institution of marriage would become a joke and people will think that marrying is a joke and can walk out any time.

 

adv. rajeev ( rajoo ) (practicing advocate)     18 January 2012

You will have to wait for 2 years on the ground of desertion, if you filed the case for divorce now, then urgency you will have to show. If your husband is agreed for the divorce then file consent divorce petition.

Vijay Kumar (Supply and Distribution Management)     18 January 2012

As per my understanding this may be the case Love affair before marriage, as per your wording only you are question marked here for every thing, any way this your personal matter.

Lets discuss about divorce.

you can file case for divorce but you havn't propar ground for divorce and its not easy to win the case (average  minimum time for one sided divorce case is more than 2+ years).

The only most rosy way to get divorce is MUTUAL DIVORCE, please try to conveyance your husband for MUTUAL DIVORCE, i am sure he may agry because he is the most lucky husband as his wife demanding divorce.

Aishwarya (Teacher)     18 January 2012

Without any bias or preconcieved notions ...

I would suggest u to give some more time to ur marriage ..try and make it work..else if both of u wish to be apart then wait for some 1 year or so after that go for amicable divorce .

1 Like

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