• Query regarding divorce

I got married on 5/2/2017( 5 month approx).... from last 3 months my wife is at her mothers home and do not want to come back...she wants divorce.
Reason for divorce: 
1. I need to act and live according to her and her mother .
2. She has irrational behaviour and attitude with my mother and father.
3. Because of which she has a continues conflict with my mother and father.
4. It seems that she has decided that she will only listen to her mother and wont tolerate even a 
 single word of my mother and father including me even if we are right.
5. We are a middle class family ,my father age is 69 but still he is on job . 

I'm ruining a small Business ,my monthly income is approx 20,000 and We have one owned flat on my and my mother's name.

Kindly suggest a way out,if she claims for something or applies for a divorce.

Thanks and Regards,

MAULIK RAMI
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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5 Answers

1) She can not apply for divorce before 1 year of marriage.

2) If she is not fulfilling her matrimonial obligations then you can file a case under section 9 for Restitution of Conjugal Rights.

3) From the facts illustrated by you there seems no ground for her to seek divorce.

4) She can always ask for alimony before taking divorce on which you can negotiate.

But I will suggest you to try and mediate the issue and come to a conclusion so that you end up saving the institution of marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) in case wife wants divorce file for divorce by mutual consent after staying separate for period of one year

3)wife can only claim right to stay in matrimonial home

4) she has no share in property standing in your and your mother name

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. No marriage can survive without the participation of botree on her demands and go for mutual divorce h the spouses.

2. Try to talk to her and sort this out amicably.

3 If amicable settlement does not happen then agree on her demands and go for mutual divorce For mutual divorce .

4. For mutual divorce you will have to wait for one year from date of marriage.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

Now a days involvement of wife's parents is one of major aspects in divorces issues. First of all no divorce can be granted before completion of minimum one year from the date of marriage. Any divorce petition can be filed only after completion of one year from the date of marriage. Generally she may file false cases like dowry harassment, dvc and maintenance cases and may rope all your family members in the cases with general and formal allegations. There are no precautionary or preventive measures for such cases, but, normally such type of cases won't stand before court of law, but you have to face and disprove the same cases. She is not at all concerned with your father's job. She may claim maintenance from you. But you don't disclose and admit your income. Immovable properties will delead at the time of permanent alimony for which it will take some time.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

She cannot apply for divorce even if she wants to do at this stage wherein it is not even one year from the ate of marriage

Her maintenance case can also be repudiated becasue you can establish that she left or abandoned the matrimonial home on her own without any valid reason, hence not entitled.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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