• How to start the procedure for divorce

I got married 4 months ago. My wife had engagement ceremony with another person and it got cancelled before marriage. I married her knowing this. I met my wife 4 times to have clear views about each other before proceeding for marriage. Post marriage since day one, my wife has been staying completely silent and non cooperative with me. She has been trying hard to avoid me when I try to become close to her. I did not even touch her after our marriage. We had arguments regarding her behavior and one fine day she left me. After marriage we stayed together for just 4 days only (I slept separately for 3 days upon her insistence). We tried to meet marriage counsellors but they appeared as money minded fellows. They didn't resolve. I am planning to separate from her. How can I start the procedure for divorce. She is currently working. I don't want to pay any kind of alimony or maintenance to her. Kindly advice.
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

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

2) wait for expiry of one year then file for divorce

3) refusal of wife to have sex amounts to mental cruelty and is ground for divorce

4) you can file for anullment of marriage within period of one year of solemnisation of marriage on grounds of impotency of wife but it is difficult to prove it

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

Hello,

Divorce can only be sought after 1 year of Marriage.

Though you may file an annulment petition on the ground of non consumation.

Also if she has deserted you without any reason then you do not have to pay maintainance or alimony.

Regards

Anilesh Tewari
Advocate, New Delhi
17942 Answers
377 Consultations

5.0 on 5.0

1. First of all lodge a police complaint alleging that your wife has left you of her own since she could not forget the person whom she was earlier engaged with. This might save you to some extent if she lodges any complaint that you have thrown her out for not getting dowry, later on.

2. Thereafter wait for completion of one year of your marriage and then file a divorce suit on the ground of cruelty for refusing to have physical relationship with you even for once and refusing to forget the person she was earlier engaged with.

3. Meantime, you can negotiate with her for jointly filing a mutual Consent divorce petition after completion of one year of marriage and her departure from your house, on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26692 Answers
726 Consultations

5.0 on 5.0

Divorce can only be filed after one year of marriage. Thus, to file a divorce, you will have to wait for another 8 months

To me the differences look trivial and to my belief, you should give this relationship a chance.

Since your wife has deserted and abandoned you without any just and sufficient cause, I will advise you to file a petition for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
245 Consultations

5.0 on 5.0

Within one year from the date of marriage filing suit for divorce is not permissible.

So you will have to wait for another 8 months.

Howeevr since non consummation of marriage is a ground for nullity you can file such suit.

Since proof of non consummation of marriage is very difficult it is advisable you get such decree on mutual consent.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

A marriage may be nullified if there is no sexual relationship.

As in your case you may file a petition to null the marriage.

There is no reason son of combination and no sexual intercourse is done there is no matter of alimony but this is always contestable.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You need to file divorce petition on the ground of mental cruelty against her with the help of any good local advocate. Just try to convince the court that she is educated and good earning girl she do not need any alimony.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If both of you agrees to the divorce, file divorce petition under section 13 b of the Hindu marriage Act, divorce under mutual consent.

However you may have to wait the probation period.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear User

Matrimonial provisions are stringent and does not provide permission for separation without completion of time stipulated under the enactment.

However, there are exceptions wherein atleast you need to wait for one year.

In response to your query:

- You cannot escape from paying Maintenance and Permanent Alimony (if both of you go for one time settlement).

- To have some kind of leverage you may send a notice to your wife asking her to come back and lead family life with you i.e., same is called "Restitution of Conjugal Rights" (RCR). On failure by her, it leads to Divorce.

- You get a notice issued by your lawyer under RCR. It will give you some kind of support to you.

- Try and collate documents / information in support of your case etc.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can file divorce petition

Paying alimony not in your hands.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

You may have to file for divorce with request for early hearing, citing irretrievable breakdown of marriage. Though courts do not normally entertain divorce petitions before the lapse of a year from the date of marriage in accordance with the Hindu Marriage Act, recently the Hon'ble Supreme Court has ruled that in extreme cases such applications can be admitted. When the question of maintenance comes up during the hearing, you have a strong case against such claim as your wife is gainfully employed.

Swaminathan Neelakantan
Advocate, Coimbatore
1992 Answers
20 Consultations

4.9 on 5.0

You have a good ground for the divorce as your marriage is not consummated due to cruel acts of your wife.

If wife is not supporting her husband for the enjoyment of life and denying relation , then the husband can get divorce after filing a divorce petition before the court on this ground.

Naturally, when you will approach the court for divorce , she will moved her application for maintenance, and you will have to bear the maintenance until you will prove your case /cruelty . If , it will be proved then you will get divorce and she will lose her eligibility for getting maintenance from you.

Mohammed Shahzad
Advocate, Delhi
10047 Answers
122 Consultations

5.0 on 5.0

If your marriage was never registered don't register the same

And talk to her to move away

Since there is no marriage registration you are not married anymore and u can very well get a 2nd marriage and get the same registration

Secondly for divorce u need to live 1 year atleast after that u can file divorce

Court in india tries to compromise marriage and focuses on making relationship not breaking relationships

After 1 yr u can get the case filed and it might take several yrs and could portray in front of the court the court will give u relief

Contact for more information

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

You cannot initiate any divorce proceedings within one year from the date of marriage.

However since your marriage has not been consummated as she refused to have sexual relationship, an annulment petition can be filed on the same grounds owing to her impotency.

Let she appear before court and deny non-consummation, then you can challenge the same properly.

T Kalaiselvan
Advocate, Vellore
78530 Answers
1554 Consultations

5.0 on 5.0

Hey, there are different types of divorce available under Indian law. It mostly depends on the law you have been married under.

Will share details on process as per Hindu law, since that is obviously the most common

There are two broad types of divorce –

when you and your spouse jointly agree that their marriage needs to be dissolved (divorce by mutual consent), and

when either you or your spouse approach the court for dissolving the marriage due to the other’s faults.

There is another type of divorce known as ‘irretrievable breakdown of marriage’ – when you or your spouse want a divorce because your marriage has broken down irretrievably and not because of someone’s fault. Even though the Supreme Court has on occasion recognized this and granted a divorce, this has not yet been incorporated as a proper ground for divorce in the various laws governing divorce.

You can apply for divorce by mutual consent -

1. If you and your spouse have been living separately for more than a year, you can make an application in court with your spouse. A legal divorce can only be granted by a Court - police stations or marriage bureaus cannot legally issue documents to dissolve a marriage.

2. You need to make a clear declaration that all possible efforts at reconciliation have failed and there is no chance that you will be able to resume living together. You need not be physically separated – you could be living in the same house and not be having a conjugal (sexual) relationship.

3. After being satisfied that both the parties indeed want divorce, the court has a duty to decide your petition in 6-18 months. During this time period, the court will try to mediate and ensure that both parties have mutually decided to end the marriage.

You can file a divorce petition at:

(a) place where the marriage took place;

(b) place where you or your spouse last lived together;

(c) place where you are living; or

(d) place where your spouse is living.

There are ‘family courts’ which have been set up in different parts of the country under a special law. If there is a family court in your district, you should approach this court. If there is no family court, you should approach the district court.

If your wife does'nt agree for mutual divorce then you can certainly go for contested divorce petition.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
316 Answers
5 Consultations

4.0 on 5.0

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