i got married to my wife on sept 2011. but during 2011 she stayed with me only for 2 weeks and i tried the following things 1. showed her maximum love 2. reduced 33 kgs weight in 3 months as told by her 3. tried to rent a house near wife residence 4. got her gold mangal sutra but the same night she insisted divorce after wearing it 4.took for counselling she did not cooperate 5. told that i am incapable i consulted doctor and proved with medical reports that i am capable. after very many suifferings i tried to file divorce but she filed a comp with police and after counselling saw a separate house and their 1. on day 1 she told she needed 3 months more to live as wife after 1 spending 1.5 lakhs which even her advocate was shell shocked 2.i took full care like cooking, giving the maximum affection a human being can show still she was the same person. my question is will law help male people who suffer and punish a person like my wife i am new to this forum i have written very little about her and my sufferenings. i have currently seen a advocate and filed once more but she is threathening that i will not get divorce without her will. i showed her so much affection as she will be my friend, wife and mother but she never was. what is the shortest time if she contests
Asked in Family Law from chennai, Tamil Nadu
1. The marriage doesn't seem to have worked to your misfortune.
2. Accept this fact and do not blame your luck as it can happen to any person.
3. Try for amicable settlement and go for a mutual divorce. She is expected to place demand of some money. Negotiate on it and then take mutual divorce. It is best for both of you.
1. Your wife has not reciprocated to your efforts to save the marriage. The marriage is seemingly dead for all practical reasons.
2. You can unilaterally file for divorce on the ground pf cruelty if your wife does not agree to mutual divorce, She will get the right to contest and oppose the divorce proceedings initiated by you. If you succeed in proving the allegations then the court will grant you divorce despite her opposition. Contested divorces can take up to 2-3 years.
3. She may also file cases of domestic violence, dowry harassment and maintenance against you. If criminal charges are filed then seek anticipatory bail immediately.
1) there is no future in your relationship
2) since your wife refuses to stay with you file for divorce on grounds of mental cruelty and desertion
3) contested divorce proceedings take around 5 years to be disposed of
4) in the event your wife files any 498A case against you obtain AB from sessions court
5) fight any counter cases filed by wife on merits
1. No law of our country can force her to stay with you if she does not wish to despite the fact that you love her or not,
2. You shall have to find out as to why is she taking this decision and cure the reason if possible,
3. If that is not possible, talk to her and try to get mutual consent divorce by paying acceptable amount of compensatio to her,
4. You will get MCD within 6 & 1/2 months and both of you can start afresh in your own individual lives.
Contested divorce usually time consuming takes longer time approxmately 5 years. Along with this she might file an application for maintenance and Criminal complaint either under DV act or 498A. So we, suggest to talk to her and file a Mutual consent divorce. Mutual consent divorce takes 6 to 8 months .
Advocate, New Delhi
Hi, you better go for a divorce by mutual consent so both of you settle the matter amicably and without the consent of each other both of you could not get the divorce so you better go for divorce by mutual consent.
there is no short cut in the courts, as per the law, there is a time limit to decide the case under Hindu Marriage Act which is six months but due to pendency of the work in the courts, it may takes more then 2-3 years.
if you are willing to decide the case on speedy trial then file a writ petition before HC under Article 226 of Indian Constitution, the HC have power to dierect the family court to decide the case within a specific time limit.
Feel free to Call
Advocate, New Delhi