• I need a divorce

I am a 28 year old boy. I married 3 months ago. I was pressurized by my family into this marriage. I had expressed my discontentment, but I was brought under pressure through relatives and the entire family to succumb to the circumstances. I did not select the girl, my family selected the girl. 
I am completely unhappy with this marriage. I have not had any physical relationship yet with the girl after my marriage even once nor do I even communicate to her much . I have expressed my displeasure to the girl and my family in the last three months that I want to get out of this marriage. However, time and again I am being presssurized by her relatives and my family to go close to her. I want to get out of this situation. What are my options ? Please advise.
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

You can file for anullment of marriage if you were forced to marry against your wishes

2) anullment should be filed within period of one year

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1.Well,this was not right to marry this girl at the first place when you were sure not to lead a normal married life with her and now doing this forced marriage you are spoiling her life.

2.In that event I would suggest you to try to workout this marriage. if there is no other woman in your life then you can very well try to work out this marriage,more so, if there is no fault in her behaviour towards her in laws.

3.If you are adamant not to live her under any circumstances then do not prolong the agonies of both of you and go for decree of nullity on mutual consent.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hi,

You are a grown up individual, getting into married to a girl which is not of your choice was not a good decision at all. now you want to get out of this relationship on the basis that the marriage has not consummated.

As the time of cooling period of 1 year has not been passed you need to wait till 1 years to file a divorce petition in the family court in case you are looking and early settlement you need to take permission from the court to file a divorce petition before one year of period .

please be aware that you have to pay the maintenance during the course of divorce proceeding and alimony as decided by the court or by mutual settlement.

As it is Apparent that there is no restrainment from the girl sidein the marriage so please be prepared for a longer period of divorce proceeding as the opposite party may not be ready for the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You cannot apply even for divorce by mutual consent till one year has passed after the date of marriage. You must have the ground of seeking divorce if your wife is not ready to give divorce by mutual consent like desertion, cruelty etc. You must not had married if you were not ready and now since you will seek divorce against her you have to give proof of any ground of divorce you may apply for.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

5.0 on 5.0

1) You go for annulled and apply same in the court. As you have not kept a single day physical relationship, so your marriage will annulled and not divorced

2) Visit to counselor if you require more guidance on this.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

It would be better to opt for mutual consent divorce which is speedy process. Try to convince the girl as well and her family to support in this matter.

Otherwise you need to file the contesting divorce petition on the ground of mental cruelty etc. against her.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

S.14 of the Hindu law state marriage cannot be dissolved within a year. However, one has to prove exceptional hardship to file within a year.

Feel free to contact for further advice.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello sir , at present and till one year of marriage you cannot do much .. After one year if the girl agrees , you can file a mutual divorce petition under section 13 b of Hindu marriage act

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. You hardly have any option to get out of your marriage easily without the consent of your wife.

2. It is you who has married her knowing fully well that her life will be finally ruined by your said involuntary marriage and the Court might pounce heavily on you if the said matter comes before the Court.

3. The best course of action left before you is to negotiate with her amicably and jointly file a mutla consent divorce petition after completion of one year showing that you two are separated for one year and MCD will be decreed within 6 & 1/2 months from the date of its filing.

4. It is to be kept in mind that she might file retaliatory complaint/case u/s498A of IPC , DV, Maintenance case against you which you shall have to contest fittingly.

5. Never ever show the ground that you, though being an adult, were forced to marry her against your wish for which you want decree of divorce.

6. She can solve the problem by giving the consent for the MCD petition to be jointly filed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Since this marriage was forced upon you, you have the option to come out of it by applying for a petition seeking nullity of your marriage.

Contact a local Lawyer to file an application seeking annulment of this marriage.

Initiate steps do the above asap.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Please, file a case for divorce mutually on the ground of marriage not consummated.

Try to make her convince on it.

If not then would be difficult for getting divorce until you find something very strong reason to divorce her or mutually.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Hi

If you have decided about the separation then file for the nullity of marriage on the basis that you were under pressure for marrying the girl. BUT IF YOU ARE NOT IN TOUCH WITH ANOTHER GIRL THEN PLEASE TRY FOR MAKING ATTACHMENT WITH YOUR WIFE.

Not being physical with her cannot give you much help as per law the non consummation of marriage should be due to impotency of either partner.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

There are two ways to legally end a marriage – annulment and divorce. For divorce you need to wait for one year. Other option is annulment on basis of fraud. But again in your Case it's difficult to prove since your parents and relatives are in her support so gather enough proof if you wanna file for divorce or talk to girl to give divorce by mutual consent.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Respected sir...

In your case it is important to see what the girl want as if she want to give divorce or not ...If she is ready then it is quite easy for both of you to take decree of nullity of marriage under section 11 of HMA and if you have to go for divorce then you have to file a petition under section 13-A of HMA seeking divorce decree from court....Sir the problem here for you is the time period because for getting divorce within one year of marriage then you must have to give some strong reason that's why you are seeking divorce ....So it will be much better for you to talk to your wife and take decree of nullity of marriage or divorce with mutual consent ...that will save your time and money as well as escape you from harrashmet...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Talk to the girl and explain her the entire thing and take some marriage Consultants who can talk to both the families

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Dear Sir,

Usually except mutual divorce as per recent Supreme Court decision no divorce will be given under Hindu Marriage Act at this infant stage of marriage. However, on the ground non consummation of marriage you may apply for divorce. The relevant provision and relevant links are given below which facilitates you to either choose mutual divorce which can be obtained instantly or regular divorce which requires 12 to 18 months and also have side effects like cases that may be filed by your wife under section 498A IPC and under the provisions of DV Act.

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...

http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/

Section 14 in The Hindu Marriage Act, 1955 (if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may) these bracketed words in the following provision helps you to file a petition for dissolution of marriage, so pleadings must be accordingly construed by taking help of experienced advocate.

14 No petition for divorce to be presented within one year of marriage .—

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [said one year].

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Hello,

Divorce can only be filed after 1 year of marriage.

till then you may file a case for judicial separation

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You being a boy, could have come out of the situation easily when compared to the girl under the given circumstances.

However you can file a petition seeking annulment of your marriage on the grounds of forced marriage which was agaisnt your willingness and the marriage not consummated till this date.

You can contact a local lawyer and proceed with the suggestions and opinions received.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer