(Guest)

Seeking for divorce within 5 months of marriage

I have married for 5 months. In my case, there is lot of misunderstandings with my wife from the beginning.She wants to dominate me in every situation.

Recently, due to her character we got into fight and i ended that with a slap to my wife. I didn't slap her intensionally it happended.

Her parents made this as a big issue . She is in her mother's home and she is not willing to come with me and their parents is also not willing to send her back to me.I am ready to take her home back. But they are not willing.

In this case, shall i apply for divorce. How long it will take to get divorce from her.

And I am also in doubt that even if i applied for divorce, she won't accept give me divorce.

What shall i do.

P.S : She is carrying 3 months baby.

Need Suggestions.

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3 Replies

I.S.Roy,Advocate (Advocate) 09 April 2012

Dear Sir,

My immediate advise is that first you remove the statement that you "i ended that with a slap to my wife. I didn't slap her intentionally it happened." otherwise it will create more complications in future as documentary evidence as your won admission to file a criminal case against you. BEWARE You must specify what type of marriage happened between you both. Is that Hindu or any other religious marriage performed. Then I will give my correct advise .

with regards

ISRoy, Advocate

adv. rajeev ( rajoo ) (practicing advocate) 09 April 2012

within 5 months of marriage you cannot get divorce. If consent divorce is filed then you may get divorce.

Guest (Guest) 09 April 2012

''shall i apply for divorce.''

Only you can decide.

Ideally a divorce petition cannot be filed unless the marriage is a year old at the date of the presentation of the petition. This condition can be waived only if the petitioner has been able to make out a case of exceptional cruelty on the part of the respondent, resulting in him/her having to face extreme hardship.

Prima facie your facts do not make out a case of exceptional hardship. The marriage is only 5 months old. Give it some time to sail it out of rough waters. No judge would waive the requirement of one year.

Go for mutual divorce if you want to end the marriage.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792