You can file for divorce on grounds of cruelty

2) wife refusing to stay with husband after marriage amounts to cruelty

3) wife accusing husband of having an affair amounts to cruelty

4) with threatening to commit suicide amounts to cruelty

5) lodge NC with local police station of wife constant threats to commit suicide and refusing to stay with husband after marriage

6) best option is divorce by mutual consent

7) if wife is demanding Rs 3 lakhs alimony agree to pay her said amount in petition filed for divorce by mutual consent

8) for divorce by mutual consent it is necessary that parties stay separate for period of one year before filing for divorce

If the marriage is over one year from the date of marriage and there has been incompatibility issues and mental cruelties including suicidal threats, your friend may be advised to file a divorce case on the grounds of cruelty.

The other aspects of demanding money and the suicidal threats have to be managed based on the prevailing circumstances.

Hi

Your friend can file divorce on cruelty ground

If his wife is not earning maintenance will have to be paid. So it is advisable to go for a one time settlement depending on your financial ability. it is also better that they both end the marriage amicably and file a joint petition for mutual consent divorce.

First decide about the alimony or maintenance or any thing under this head what she demands.

Talk about exchange of things or belongings

Consult lawyer and let the lawyer talk to her directly about this.

Once the terms are decided if it is agreeable let him go for a mutual consent divorce or else he has to file it seperately and try a mediation during trial in the court

Your friend can only marry after divorce decree is passed and no appeal filed by wife within period of 3 months

Contested divorce cases take 5 years to be disposed of

Mutual consent divorce takes 6 months

Your friend cannot marry before the divorce case is disposed in his favor and the court dissolves the marriage by a decree of divorce.

Any action taken in haste will land him in trouble.

If she is not agreeing for mutual consent divorce at the last moment, then the court will dismiss the petition for divorce, in that case the husband can file a fresh divorce case on the grounds of mental cruelty

Dear Querist

My opinion on your queries are as under:-

1. can he file for a divorce?

Opinion: Yes, he can file a divorce petition before family court against her based on cruelty Under Section 27 of SMA.

And on what grounds ? Their marriage is registered under Special Marriage Act . Also she is seeking 3lakhs

from him ?

27. Divorce.—1[

(1) ] Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent— 2[(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); 3[***]

(d) has since the solemnization of the marriage treated the petitioner with cruelty; or 4[(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.—In this clause,—

(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or

(f) has been suffering from venereal disease in a communicable form]; or

(g) has 5[***] been suffering from leprosy, the disease not having been contacted from the petitioner; or

(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; 6[***] 7[Explanation.—In this sub-section, the expression “desertion” means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly;] 8[***] 9[***] 7[(1A) A wife may also present a petition for divorce to the district court on the ground,—

(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.] 10[(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground—

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

Can he marry once the divorce is filled ??

Opinion: No, he can not marry without the divorce decree granted by the Family Court, if he do then he can be prosecuted for the offence of bigamy U/s494 of IPC.

How long does he have to wait ??

Opinion: When the court passed a divorce decree(Contested) then till the finalization of appeal period if the appellate court does not grant any stay on that decree otherwise the final disposal of the SC Order.

if divorce decree pass by Mutual Consent then on the next day of finalization of divorce, he can go for marriage.

Also once its filed can she withdraw the consent .. in that case will my friend still be able to get the divorce ?

Opinion:- Yes, she can withdraw her consent at any time before finalization. in that case, if she withdraw her consent then he can file divorce case based on cruelty and can get the divorce.

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