• Divorce

I have got married about couple of months back. 

1. When the girls parents shown the girl before the marriage for marriage looks, she was looking good, relised on the marriage day as she came without the makeup. Heartbroken . Since many came for the marriage I could not do anything, I Just got married. After marriage I am not able to be next to her. First night also all my feeling dead and I wasn't able to do anything. After that I have not toucher her till today. 

I don't want to share my life with her, she might have made out by now that I am interested to take this marriage for long. 

I am unable to work ,keep thinking about the issues and I don't want to be with her anymore. Till today I have not troubled and I won't do that in future too. But I just want to leave her from her.

I dont know how to go about it.

Can you suggest on this for a Smooth come out this issue.
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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14 Answers

In my clear words listen brother



Now as an advocate: go and convince her for divorce..pay some alimony.. file mutual consent divorce petition under 13B HMA Act. And get separated.

If she refuses then file 13(1)

BUT in the end also .. BEAUTY SHOULD NOT BE THE BASIS OF SEPARATION..jindgi khilona nahi hai..

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0


I understand the apathy you are going through.

Please take note of the fact that no proceedings can be filed before 1 year of marriage.

Also, if so then you may talk to your wife and separate by mutual consent divorce, which will anyday will be a convenient procedure to follow. This can also be filed after 1 year of marriage.

Let me know if I can be of further help.


Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

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

2) file for divorce on expiry of one year of marriage

3) contested divorce proceedings take 5 years to be disposed of

4)you have to prove allegations made in divorce petition

5) mutual consent divorce take 6 months and us best option

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

The smoothest way of moving out of this would be a divorce by mutual consent.

Howe ever, you will have to wait for an year to file the same.

Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

User rated 2/5 ...Thank YOU very much,

You Rated because i asked you to maintain your marriage.

But Its ok..

Find some strong grounds for divorce and go ahead.

wish you luck

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0


“My dear friend someone else should not be punished for mistakes done by others”

Law will come to rescue the one who is vigilant and not indolent.

Coming to your post, it is stated that, you got married couple of months back. In reply to your post the relevant provisions of Law applicable to you do not “Permit / Allow” you to go for divorce as and when you want without any VALID REASON.

Minimum one year you have to wait for moving an application for the same.

Through this Forum I take liberty to share words of wisdom viz.,

“Beauty is only skin Deep but CHARACTER is all that matters”. (Only shared my wisdom, it is you who needs to take the final call).

Before taking the call you consider the pathetic situation of your wife who may suffer irreparable loss because of NO fault committed by her.


- Be practical and realistic, face the reality with courage.

- Meanwhile have a dialogue with your wife and have a counselling session (both of you about the issue) with a counsellor.

Your Call:

- If you made up your mind, you have to wait for a period of One Year to initiate proceedings.

- At least now be brave and talk to relevant people about your requirements.

- Be an Ascertained Person and let all concerned know your requirements / mind-set.

May God Bless You !!!

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

A divorce is among the most traumatic occurences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.

Divorce With Mutual Consent: When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.

Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

1. Cruelty

Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

2. Adultery

In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.

3. Desertion

One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

4. Conversion

Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.

5. Mental Disorder

If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

6. Communicable Disease

If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.

7. Renunciation of the World

If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.

8. Presumption of Death

If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.




Shri Gopal Verma
Advocate, Delhi
324 Answers
7 Consultations

4.0 on 5.0

Hi, Without completing 1 year of marriage, you are not able to get divorce, you have to wait up to 1 year.

2. Secondly, even though you have file the petition for divorce on the above ground you are not able to get divorce.

3. If you want to go for smooth way of divorce then if your wife is agreed for the divorce then both of you can go for mutual consent divorce after completion of 1 year of marriage. It is simple and you will get the divorce with in 6 to 8 months.

Pradeep Bharathipura
Advocate, Bangalore
5497 Answers
323 Consultations

4.5 on 5.0

File a Mutual Divorce Petition under section 13B if possible as it would be the smoothest way to come out of the prevailing issue.

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

You can directly file a divorce case under section 13-A of HMA it will also help you if they file 498-A of IPC against you then you will have a defence here but while filling you have to mention special reason such as cruelty by her , mentel torture etc then you can easily get divorce from her


Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

The ground you mentioned for not liking her is not valid under Law. For getting divorce there should be a strong reason such as 1) chronic decease such as AIDS, Leprosy etc, 2) Venerial Decease 3) Conversion of Religion 4) Adultery 4) Cruelty etc.

In the alternative your wife has to give Mutual consent for Divorce. Hence, my advise is to give some compensation to the Girl and convince them to give mutual consent Divorce. There is no other way.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

There are two ways to legally end a marriage – annulment and divorce. If you are withdrawing from marriage and relationship then file petition for nullity of marriage. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Without completing 1 year of marriage, you are not able to get divorce, you have to wait up to 1 year.

Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.

Conditions of the annulment of the marriage are:

a. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b. It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d. The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e. The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f. The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

g. The parties of the marriage should not be of unsound mind.

Marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh. You are fell down in a matrimonial gutter. If possible try for a settlement and be positive and conversate your problems,likes and dislikes ,dreams with her. Are you sure you will get a wife as per your wish and fantasy in your next selection. So better to mold or tune your present wife to your wish by applying love and affection.

Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage

Ajay N S
Advocate, Ernakulam
4052 Answers
107 Consultations

5.0 on 5.0

Both of you need to sit together and have discussion over the issues. The shortest and fastest way of getting the divorce done is by way of mutual consent divorce. If both of you are agree then go ahead with this method, but if not, then you need to file a contested divorce petition.

Any kind of divorce petition can only be file after the completion of one year of marriage.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You cannot apply for divorce on this ground.

The only way out is that you can talk to her and make her agree for mutual consent divorce.

However, even for this you should have completed one year from the date of marriage in fact the period of separation between you two should be one year or more if you would like to dissolve your marriage by a decree of divorce on the grounds of mutual consent.

The passage of time may even make you to condone all such hard feelings that arouse in you in this regard and may be you would reconcile to live with her together forgetting all those ill thoughts about her.

You may wait

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

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