Dear Sir, you have to mutual consent divorce case and convinced to your wife your situation and to pay minimum permanent alimony, it is very good legal shortest way, it will complete with in 8 months from the date of MCD case , because of waiting period 6 months compulsory as per Hon'ble Supreme Court Verdict.
Need advice on divorce
I got married in dec-16. the very first day of my marriage, my wife refused intercourse and threatened me that she will press martial rape charges against me even if i touch her. i was under shock about what happened and i couldn't understand. we stayed together for 20 days and haven't had any physical relation. while i was leaving for my job in city, she said that she will take care of my family if i didn't share this with anyone. i promised i won't ( i wanted to understand the reason why she is doing this hence i kept quiet). after that whenever i talked to her over the phone, she said that she can't live with my family. i tried to make her understand the my mom is old and somebody needs to take care of her nevertheless this is also what she had promised to do but she kept on blabbering this for couple of months. i had a medical emergency at home and she was still continuing with this blabbering of hers so i stopped calling her. she went to her family home and is there till now. i want to divorce her. she wants huge sum in return of mutual divorce. i have this intuition that now she is going to file a fake dowry and dv case against. i definitely don't want to be with her. kindly advise what should i do and same me and my family from fake cases and harassment.
Asked 7 years ago in Family Law
Religion: Hindu
6 Answers
How do i get divorce in shortest time possible with spending least amount of money? suggest tools to collect proof etc
Asked 7 years ago
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) file for divorce on grounds of mental cruelty
3) wife refusing to have sec amounts to mental cruelty
4) wife forcing husband to stay away from parents in separate house amounts to mental cruelty
5) if filed false dowry case apply for any obtain bail
6) refuse to pay wife huge amount demanded by her
7) you can rely upon messages exchanged with wife , audio recordings to prove mental cruelty
1.Do not succumb to any blackmailing tactics. Do note that no serious case except 498A can be filed against you.
In such cases getting bail has become quite easy.
2. Rather file suit for nullity against her since your marriage is consummated as yet.
3.This case takes time.There is no short cut route though.
You cannot file divorce case against this very short lived marriage.
Since she refused to have intercourse, it is clear that the marriage has not been consummated due to her refusal to have conjugal relationship with you. Hence you can file a petition seeking annulment of marriage on the grounds of refusal to have sexual relationship due to her impotency.
This would be the relief for now.,
If she lodges criminal complaint under dowry harassment then first yo take AB and then challenge her false cases properly in the court, but dont leave her without taking any legal action against her greedy desires, first file annulment of marriage case.
How do i get divorce in shortest time possible with spending least amount of money? suggest tools to collect proof etc
You cannot file divorce case within one year from the date of marriage.
You have to wait for one year completion from the date of marriage for filing divorce on the grounds of cruelty and refusal to have conjugal relationship with you.
Dear Querist
Immediately file an annulment petition before family court based on non consummation of marriage U/s12 of Hindu marriage Act or wait till the completion of One year for filing divorce based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955
The Shortest way to get divorce is only the Mutual Consent Divorce U/s 13B of Hindu Marriage Act-1955 but I don't think that this form of divorce will fruitful for you as she claim very huge money from you.
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