I want to divorce.my marriage happened under emotional and physical pressure by my family side. i am from bihar and working in chennai. i wanted to marry another girl as my father got to know about this he fixed up my marriage in my native place.before marriage i tried my level to convince him,i ran from home bt they put me into that marriage under pressure.its been six months i never interacted with girl and her family.i told my father many times that i dnt want to be with her.bt he is forcing me to be in this marriage.now they came to my workplace and call off that girl also to stay with me otherwise they are threatening me to create a scene at my office.what should i do?
You can file for anullment of marriage within period of one year of marriage if you were forced to marry against your wishes
2) only in exceptional circumstances can you file for divorce before expiry of one year of marriage
3) contested anullment/divorce proceedings take 5 years to be disposed of
If you have not yet consummated your marriage then you need to file an annulment petition in the family court.
Even the marriage solemnised due to family pressure but you need to follow the legal procedure and you may not be able to prove the the consumption. So you have to wait for one year of your marriage to file the case. You may move if one year is complete for separation.
1. The Court will view your matter as under, if your problem comes up for hearing on any future date:
a.You are an adult of marriageable age.
b. when you are forced to do some thing against your wish, you should lodge a police complaint if you are unable to resist the said illegal force which you have not done.
c. you have married her by performing all the required rites and fixed your wife's fate with the sealof your wife with out any fault of her.
d. you have not reportedly informed the girl or her family members before your marriage that you are being pressurised to marry her which you do not want to.
2. Divorce suit is filed based on some acceptable ground which you do not have yet and the court will not accept your father's illegal pressure as an acceptable ground for decreeing your divorce.
3. It will be prudent on your part to either live with your wife or negotiate with her for jointly filing a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.
Respected sir...
you can take advice from her . you have to file a petition under section 13-A of HMA ...IN simple words you are free to live your life in your own way as provided by Indian constitution under article 21 ...if you don't want to live with her just file petition with such a ground that will court can consider while awarding a decree of divorce ...that ground must be strong such as cruelty, mental harassment,adultery, and separation ....just hire a good advocate he will him self help you to get out of such stupid things...
Thank You
Either accept their willingness or file a divorce case if no physical relation between you and your wife but be ready to pay compensation.
1/Talk tot he girl now. She alone can help you in this situation.
2. If she agrees then file a suit for annulment of marriage which can be decreased on consent of your wife.
3.if she doesn't agree then I regret that the road is very long and thorny as far as getting divorce from her is concerned.
best of luck.
1. In these circumstances you may file a petition for annulment of marriage on the ground that your consent to marriage was obtained through force and undue influence.
2. A petition for mutual consent divorce can be filed and the marriage will be dissolved within 6 months if your wife agrees.
3. A suit for permanent injunction may also be filed by you against your father to stop him from coming to your workplace or interfering in your life in any manner.
Hello,
You have to handle the things wisely. They being the female side has an upper hand in legally.
Ground told by you is not a valid ground to take divorce as per the Hindu Marriage Act, you may only take divorce as per the ground mentioned in section 13 of the Hindu Marriage Act.
Consult a local lawyers and see if a case of cruelity can be made out, anyways a divorce case can be filed after 1 year of Marriage.
Regards
You can file writ petition before the high court for violating your fundamental rights against your wife and both the parents.
After your marriage becomes 1 year old, approach the Family Court and file a divorce against your wife on one of the grounds specified in section 13(1) of the Hindu Marriage Act.
If you are able to convince your wife also for divorce, you both may obtain a divorce by mutual consent.
Since this marriage was forced upon you against your willingness, you can file a petition seeking annulment of marriage on the same grounds and also you can mention that the marriage has not been consummated due to the same reason.
