• Divorce

I am married to my husband two monts ago but i dont want to live with him because i love another man but my husband dont have any fault he is a good husband on what ground can i get divorce he is not ready to give mutual divorce.And if i file consted divorce how should i prove his fault because he dont have any fault.Is it possible for me to get a consted divorce i dont want to bring false alligations against him as he is a good person just i need divorce without creating any problem if i bring false alligation he may go to jail which i dont want.Please help me how to get easy divorce.
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

If you put wrong allegations on anybody definitely your past will also be checked during the preceding if you don't wish to continue with this relation speak to your husband and after one year of your marriage highlight I was petition on the mutual consent basis this will help you getting divorce in minimum time and minimum effort you may use the compatibility ground for the divorce petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Filing for a contested divorce will not land your husband in jail. It depends on what allegation you put on him and what kind of case you file against him. You can ask for divorce mutually from your husband first. If you want to file contested divorce then you can file it on the ground of mental harassment and compatibility issue.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

If you bring up a false case (allegations), he may be sent to judicial custody but you may surely face jail at the end for malicious prosecution because courts rely on evidence. So being a woman does not mean at the end you will escape after filing a false case. My advice will be to consult a divorce lawyer and file a divorce petition under any grounds best suited for u rather than filing any false complain against your good husband.

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

Hi,

Though it is not a legal advice, it is suggested to give a rethink to your decision and think once more to live happily with your husband. Life takes many turns and you may be a successful person with him too.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Madam,

If he don’t wish to give you mutual divorce. The alternative for you to go and marry that other person or simply reside with him. More suggestions in person or phone. I will suggest very simple tips for getting divorce from the side of your husband. You need not live in such relationship where you have not mind except body.

Please call me immediately through this web site, now I am available.

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
330 Consultations

4.8 on 5.0

1. If you had loved someone else then why did you marry your husband?

2. Unlike western countries, divorce can not be sought in India without having any acceptable ground.

3. Ordinarily decree of divorce is sought on the ground of cruelty for which you shall have to submit adequate evidence in support of your allegation.

4. If you do not have any acceptable ground ( I love someone else is not the legally acceptable ground for seeking divorce) to divorce him, the law does not permit you for seeking the divorce.

5. It is not necessary that if you lodge a false allegation, he will go to jail. rather he might lodge a police complaint against you u/s211 of IPC for lodging false complaint against him for causing damahge to him.

6. Only option left before you for getting divorce from him is to convince him to jointly file a mutual consent divorce petition which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

1. You have no ground acceptable by law to seek decree of divorce from him after marrying him.

2. Even if you file a divorce petition on false ground, you may not be able to prove your allegation and your case mnay be dismissed by the Court.

3. You shall have to convince your husband that it is your mistake to marry him suppressing the fact of your love affair and if he does not agree for MCD, then not only you but both of you shall suffer.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

1) You can give him divorce after one year of marriage and not now. After 1 year case can be filed for Mutual Consent Divorce also it takes cooling period of six months and from there till 18 months between this period you may get divorce. And after 1 year also you should live separately for minimum 6 months period.

2) If any how you have to go for divorce without punishing your husband. If you have not came together single day from the day of marriage, then you can go for annulment of marriage and for this you can apply it in the court.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Saw ur feedback.Search us in g.oog.le @ghy. Cant see your contact info, maybe it is kept private. Also sharing personal contact details & solicitation is not allowed here. Thanks.

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

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

2) you have been married only for 2 months

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

4) you have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Since your husband is refusing to grant you divorce you have long legal battle ahead

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

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

If he is resistance in this then this will be contested divorce. No one can stop the living rights of any person so that he.

Just go for contested when filed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

If your husband is good and you don't have any evidence as mere allegations donot serve purpose then without mutual consent divorce you donot have any such ground to file.for divorce. You.need to tell amicable settle with him.to get divorce. In case you file false.cases he will come.out because you donot have evidence to substantiate same.

You can only file divorce on grounds mentioned under section 13 like adultry cruelty desertion under hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Claim that your consent for marriage was obtained by fraud.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

You cannot file a divorce case within one year from the date of marriage.

You cannot file a contested divorce case without any reason.

If you still want to quit this marriage then you may have to file a petition seeking annulment of marriage on the grounds that this marriage was forced on you against your willingness and that your marriage was not consummated.

You have no other option than this.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

For mutual consent divorce you both should have lived separately for one year or more.

You cannot do anything about it if he is not agreeing for mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

This is not possible.

You'll have to point out fingers at him and highlight his deficiencies by which you're aggrieved so that you may successfully contest a divorce case against him. There's no substitute to this.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Also, you can file a divorce only after your marriage becomes one Year old.

Case of contested divorce can take 2-3 years.

If he's not giving mutual consent divorce, you've no option to contest a case of divorce against him.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

In any view of the matter the divorce can only be filed by you after 1 year of the marriage.

Start living separately and later file a contested divorce on the ground of desertion and mental cruelty

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Do not worry false allegations in the divorce petition will not put him behind the bars.

Just stick to the point that has been raised by you in the petition and the court will grant the same.

For the reason that mental cruelty can not be proved by evidences, just your evidence have to be considered

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

There is no other way. You need to get mutual divorce as there are no grounds of cruelty in your case.

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

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