• We are married its 14 months now - I need divorce

My wife doesnot take care of my parents and we are seperated 1 year ago from parents - they have filed a complant agaisnt me and my parents as dowry harrasment, i consulted lawyer thay confirmed only after 2 years of seperation i can file a divorce, is there any option
Asked 6 years ago in Family Law
Religion: Hindu

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23 Answers

No that is not the case.

Divorce can be filed on the ground of cruelity after 1 year of the date of marriage.

SC has held that filing case and forcing to love separately amounts to cruelty and divorce can be sought on this ground.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can file case after 1 year of marriage on the ground of cruelity. If the Marriage took place as per hindu rites and rituals then there is no need for getting the same as registered, it remains a valid marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) you can file for divorce on grounds of mental cruelty

2) wife abusing husband and in laws amounts to mental cruelty

3) wife filing false case of dowry harassment amounts to mental cruelty

4) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

contested cases take 5 years to be disposed of

mutual consent takes 6 months

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You may consider filing a divorce on the ground of mental cruelty incase your wife forced you to abandon your parents and live with separately in a distinct accommodation.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

In your case, going by the facts, you can apply for divorce on the ground of mental cruelty.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi

You can file for annulment of marriage on the basis that your wife or in-laws have hidden some facts from you before the marriage .

Or you can directly file the divorce petition by mentioning special reasons.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected sir ..

You can file case by mentioning special reason that's why you want to give divorce to her ...If she is not willing to respect you and your parents you can file a divorce case under section 13-A of HMA....You have to mention all such cruelty which is done to you of you want file you advocate will also advise you to add some sizzling in this ...Just go ahead ...File the petition prior to her filling that will also be a defence as if she file 498-A of IPC or D.V act against you...So it's up to yo that what will you do next you have to make your mind clear and divorce is valid as per circumstances...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. To file divorce passing of only one year is required.

2. If she is willing to stay then you can stay separately with her so your family members can be avoided of her harassments.

3. So you can file divorce suit at this stage though beofre this making one final try is advisable.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Querist

Based on cruelty, you may file a divorce case against her before family court U/s 13(1)(ia) of Hindu Marriage Act-1955.

the two year will be required if you want to file the divorce case based on desertion as mentioned in the section 13(1)(ib) of Hindu Marriage Act-1955.

Registration of marriage is immaterial.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear User,

Going by your post it appears that your wife is not interested in giving divorce and wants to live with you, under such circumstances it is very difficult.

Suggestion to your requirements is given below:

In case of exceptional circumstances case can be filed under relevant provisions of HMA by giving details of exigency.

Minimum time required is ONE YEAR. Your application invoked under the said provision should have genuine reasons and it should convince the Court.

CASE ON HAND / YOUR CASE:

It falls squarely under CRUELTY / DESERTION for which you need to wait for a period of two years.

OPTIONS:

A. In order to invoke one year option, you need to prove exceptional hardship etc.

B. To invoke Cruelty etc., need to wait for two years.

Try and contest the cases filed by her and get a favourable order(s).

Obtain bail and get the same quashed. After doing these activities, you can opt for either (A) or (B).

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

As you have explained that your wife is not taking care of your parents, is itself a ground you can go for divorce, there is no need to wait for 2 years in Law.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1. You can file divorce suit after one year of marriage on the ground of cruelty.

2. You can file divorce suit after two years of her desertion on the ground of desertion.

3. Both the above cases are expected to be contested by your wife which might take years to be disposed of.

4. So, it might be prudent on your part to negotiate with her and jointly submit mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. First of all try to get the dispute settled amicably since divorce is the 2nd most stressful event in one's life.

2. If settlement is not possible, file the divorce suit or negotiate with her to file MCD as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Don't know which lawyer you consulted... Please note after a year of marriage you can file for divorce... for any further query consult me personally ... nothing can be answered without proper documentation...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Hi, you can file a petition for divorce on the ground of cruelty, if you able to prove the allegation in the court then you will get the divorce.

2. Refusing to take care of elder parents also amount to cruelty,so based on this also you can file petition for divorce.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1. A continuous separation of 2 years constitutes desertion which is a ground of divorce, but if you want to file the petition now you can do it on the ground of cruelty. Filing of false 498A is an instance of cruelty.

2. The absence of registration of marriage does not render the marriage illegal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can file the divorce petition on the ground of mental cruelty. It can be file after the completion of 1 year of marriage.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

It is wrong that you can file divorce after 2 years of separation. You may need to change the lawyer first.

Even if your marriage is not registered, still it can be proved various ways.

Talk to any lawyer on the forum.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

If your wife is not willing to stay with your parents its a good ground for divorce file it immediately with your parents as evidence and ask your parents to file domestic violence case against your wife.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi, you can file a contested divorce petiton of the grounds of cruelty and desertion...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Your lawyer has misinformed you that you have to wait for two years for filing divorce.

It is not so, you can file a divorce case on the grounds of mental cruelty even now since it is more than one year from the date of marriage.

You change the lawyer and consult some other lawyer who is in the knowledge and experience in matrimonial laws.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

she still wanted to stay with family, but she harasses us mentally - by ignoring every one, the marriage is not registered too - Please suggest the minimum tenure to file a case and how can i come out of this

You can file a contested divorce case on the grounds of mental cruelty even now.

Since your marriage is more than one year old you can very well go ahead the proposed divorce case, let she challenge your case and the pleadings on the basis of her situation which can be confronted.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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