No party can file for divorce within 1 year of marriage.
Regarding divorce
Me and my wife married on 16th May 2017 after marriage she went to her parents home for a week and then I brought her back on 1st June 2017 as per our customs. We are living in a joint family and after out marriage she started fighting with me and my mother over pitty issues. She used to talk with her sisters and other relatives on regular basis. On 30th July 2017 her father came to our house saying her mother was ill and she had to come with him as her mother wishes so. We let her go with him. Her father said he will brought her back withing two days. She left our house on 30th July 2017 and on 1st Aug 2017 we got a call from her father that my wife is very serious and admitted to the hospital. What you people had done to her ??? And so on. At first we were confused what suddenly happened to her health as she was fine when she was leaving our house. We tried to call her but her father didn't allow us to talk to her stating she is very serious and you can not talk to her. I called her repeatedly but every time got the same response. Meanwhile I checked our wardrobe and found out that all her belongings were not there. She took everything with her. Then we realised that she gone there with some intension. Now since then she has been living at her parents home stating that she is still not well and can't come. I contacted her 2-3 times but she was only blaming us I recorded that conversation and she even talked to my aunt and my aunt also recorded the conversation in which she is admitting that she fell ill how things happened. She even said she will take legal action against us but due to some error it was not recorded. On 2nd Oct 2017 her father came to our house and said they do not trust us and want a divorce so they can move further. They gave us 8 days time for thinking and left. I have recorded the whole conversation on video and audio as well. So I would like to know how things will go if we go divorce ? Will her father file any case against us on domestic grounds ? They had sent her reports in which her hemoglobin was 9 and her father was blaming us for that. I guess she was in her periods at that time and also having little fever at that time.I am very confused in this scenario as everything happened so fast that I didn't even realised what had happened . I mean its been just 4.5 months and they want divorce straight away ours was a arranged marriage. My family members are agree on divorce but can we get divorce so soon ? If we do not want to live with each other ? Thanks in advance
Asked 8 years ago in Family Law
Religion: Hindu
14 Answers
But if you think that this relation can not continue yoh can just enter into an agreement saying that no party will institute any case on each other, and will dissolve the marriage after 1 year.
Also it may be noted that in no situation can divorce be filed before 1 year of marriage.
Regards
1.Before the expiry of one year from the date of marriage you can apply for divorce even if the same is on mutual consent.
2.Soyou will have to wait till end of May,2018.
3.Since your wife is agreeing on divorce do not waste this opportnutiy.No marriage survives on the sole effect and secretary of one suse.
4.So accept her decision of divorce and part way honorably.
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) for divorce by mutual consent you have to stay separate for period of one year
3) inform your wife parents that you are willing to go in for divorce by mutual consent on expiry of one year
Divorce can be obtained only after lapse of an year from the date of marriage. Right now, neither you nor your wife can file for divorce. Even if both of you mutually decide to obtain divorce, still you'll have to wait for an year before you could do that.
I'm light of the facts that You've narrated, I'll advise you to file a suit for restitution of conjugal rights for your wife has deserted you without any sufficient cause.
Divorce petition cannot be filed within one year of the marriage unless there is some very exceptional condition existed. In your case there is no such condition therefore her petition for diverse shall not be maintainable. All the call recordings and conversations are good and relevant evidence and it shall be admissible in court. You should not be worry because Section 13 of the Hindu Marriage Act is based upon guilt theory therefore she has bound to prove that there is your guilt because of this marriage cannot be carried on. In your case your wife is the guilty party because she has left her matrimonial home fraudulently and she has no reasonable cause to live separate from you. So in this condition divorce petition filed by her is liable to be dismissed.
If you have decided that marriage cannot be carry on. there is no exceptional circumstances existed then you should prefer divorce under article 142 of the Constitution of India instead of section 13 of Hindu Marriage Act. Aur Supreme Court of India has special power under article 142 to do justice in some cases where no remedy is available under statutory law. if you want divorce within one year of marriage you can approach the supreme court under article 142.
1. It is clear that you two did not gel well in your marriage.
2. The best course of action for both of you in the given circumstances will be to wait for completion of one year of your marriage and then jointly file a mutual consent divorce petition on mutually agreed terms, which will be decided within 6 & 1/2 months from the date of your marriage.
3. In the said petition to be jointly signed by you it shall have to be mentioned that she is staying separately for more than one year from you.
4. However, you can directly contact your wife and try to settle the dispute giving your marriage another chance to survive trying to convince her that divorce is the 2nd most stressful event in one's life and one does not know whether her/his next husband/wife will be any better.
They cannot blame you bluntly for her ill health.
Do you have her medical records?
You or your family cannot be held responsible if she fell ill after reaching her home.
The divorce case cannot be filed within one year from the date of marriage.
If she is trying to implicate you in any false criminal case, you may first obtain anticipatory bail for everyone and then challenge her cases in the trial proceedings properly.
Try to arrange for reconciliation through elders from both the sides to save the marriage, if it is not possible then you may send a legal notice advising her to return to the matrimonial fold or else to decide about dissolving the marriage by mutual consent.
Thanks all for your responses. Today I received a call from a woman who said she is from a woman cell in satara. My wife had registered a complain against me and I have to present there on upcoming Friday .13th Oct 2017.I asked what complain she has registered with them ? Then that lady said I can't tell you on phone you have to personally visit there. I received a call from a personal number. How woman cell sends intimation to husband ? By calling through phone only or any other means ? Is it mandatory to attend their session ? In our last meet her father said they don't trust us and can't let his daughter live with us anymore. Then why they have lodge the complain in caw ? What if I won't go there ? My relatives are saying woman cell doesn't intimate you on phone only that too from a personal mobile of any staff there should be official intimation from them ?? I am very confused and stressed since my marriage. Please help
Asked 8 years ago
You can decide about attending the woman cell on this
Generally the women cell police will call from their personal phone only, they do not call from the station landline phone
There is nothing wrong in attending the women cell.
You can accompany your advocate to the cell if you are afraid of attending the cell alone.
1)women cell has to intimate to you officially that complaint has been registered against you
2) some times they telephonic ally inform the husband about filing of case
3)it is advisable to attend the session
4) objective of women cell is to help parties arrive at reconciliation
5) only if reconciliation fails would FIR be lodged
No, they can inform you through a mobile phone.
You should attend the session and defend the allegations of wife and make an attempt to explain your case to the Authorities.
Incase you do not appear, they deed the version recited by your wife as true and correct and proceed ahead on the strength of the said version.
It is advisable that you appear and defend.
1. The matter shall have to be seen pragmatically.
2. may be that your wife has submitted her complaint which has just been received by the women's cell who ae yet to register it as FIR for which they are calling you to give your part of the matter.
3. You would have certainly received notice in writing for investigation in to the complaint, had FIR been lodged against you against your wife's complaint.
4. It appears that the police is seeking your part of the story to decide whether FIR shall be registered by them or not and if you refuse to attend the meting on the scheduled date, they may register the FIR based on the complaint of your wife and will send you written notice and shall start proceedings as per law.
5. I shall suggested you to attend to the meeting with all the evidence/documents to counter your wife's expected complaint to ensure that police do not register FIR against you.
6. It may be that police might ask for certain gratification for not registering FIR against based on the complaint of your wife..
If no official summon has been served upon you then there is no need to mark your appearance, you will be served with a notice from the women cell if your presence will be required.
If you do not want to go then dont go otherwise you may just send some known person or lawyer to check the veracity of the call.
Regards