• Advice for Divorce of 4 month old marriage

Dear Sir,
My brother got married in November 2017. However, during marriage process his prospective wife was used to stay silent regarding the future plans. Though my brother found it suspicious he proceeded with marriage expecting that there wont be anything serious. He also didn’t stretch the issue as he had some minor depression issues and was undergoing treatment. However, he had given idea about the same to his wife.
After marriage his wife used to spend most of the time browsing whatsapp profile photo. When my brother watched it carefully, he realised that she used to watch the profile picture of a particular number. After questioning she first said that the picture as of guy who proposed her for marriage & she couldn’t accept as her father was against it. However, when my brother asked her to delete the contact, she claimed as it was her private issue & my brother shouldn’t suspect her.
The issue continued for couple of months and they both had small quarrels with occasional forcing by my brother. The forcing were gentle in nature and mostly in order to prevent her from doing ill things such as jumping from running bike & trying to drink phenyl .
After 05 months of marriage she left home allegating that my brother has suspicious nature & has temper issues. She is constantly demanding for divorce and my brother is not willing to offer the same.
Subsequent to the same, I had following query.
1)	As the bride is not ready to come back and consistently asking for mutual divorce, can my brother demand refund of expenses on marriage? He is still willing to continue marriage by solving issues through discussion.
2)	The counselling centre he approached to save the marriage is suggesting him to give away the ornaments he made for her as it’s lady wealth. This will cost him major financial set back. How it can be avoided?
3)	Bride’s family is demanding for alimony. Will it be mandatory for him to pay even if marriage is not older than 04 months?
4)	Are there any strong ground in the claims of bride based on which divorce can be sanctioned? What can be the grounds on which the divorce can be granted even if either of them is ready to carry on marriage?
Awaiting your positive feedback.
Asked 4 years ago in Family Law
Religion: Hindu

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5 Answers

1. See he cannot ask the marriage expenses back further she does not want to reside with him and a want a mutual divorce it is better to give her a mutual divorce end it all because in process she can file false criminal cases and for divorce she can any way proceed on the contested grounds.

i would suggest that he can be ready for mutual divorce without alimony and can go for mutual divorce agreement and can file for first motion in mean time he will get time in mediation he can peruse his wife before second motion and then later can withdraw the consent.

2. it cannot be avoided he has to give it, if in case in mutual divorce she agrees she has received all ornaments or she donot want any then it can be avoided, otherwise it is her property and she can file 406 ipc for this.

3. in mutual divorce parties can decide. In case matter goes before court and wife is not earning court may grant alimony.

4. See if she file for the divorce on ground of cruelty if husband is not ready for the mutual divorce then she has to prove same ground before court if not then divorce wont be granted. But the thing is this procedure shall cause equal harassment to you even if the divorce is not granted. Court cannot force her to stay with you.

5. Further at this point of time brother can file for Restitution of Conjugal rights in the court to reinstate there marriage Court can send them for mediation and can pass such order to reunite them .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

2) file for divorce on expiry of one year of marriage by mutual consent

3) husband woukd not get expenses incurred on marriage

4) husband has to return wife stridhan

5) husband has to pay alimony to wife

6) if wife is working and not substantial differences in income she would not get substantial amount as alimony

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. There is no provision in law by which the husband can claim back marriage expenses from the wife, in case she seeks decree of divorce.

2. It can not be avoided since as per law the said ornaments gifted to her by him and his family members belong to her as her Streedhan. The law is very clear about that once gifted, the ornaments can not be taken back from the wife in course of divorce.

3.If the marriage has been solemnised, the wife can claim for maintenance. You can counter her said maintenance claim by arguing that she has left you for no reason and you are ready to take back and maintain her at your home.

4. For getting the decree of divorce, she shall have to prove the ground based on which the divorce suit will be filed by her and in most of the cases, it is filed on the ground of cruelty. She shall have to produce evidence of your having acted cruelly on her to get the decree of divorce. Do not admit any such thing over SMS, Whatsapp messages or by any other means.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. if the bride is ready for mutual divorce without any huge amount of money then do not let go of this opportunity. As if her husband refuses to give divorce and she files litany of criminal cases then to get rid of those her demand would be manifold . So latch on this offer and dissolve the marriage. Forget the marriage expenses. Time and life is more precious than money.

2. Well, if her ornaments are in custody of the husband then he may try to avoid giving those to her. But legally these are stridhan of his wife.

3. Negotiate on the amount. Yes of the wife is without income then giving her alimony is mandatory.

4. On the ground of mental cruelty out of her violent and weird behaviour divorce can be granted though such suit cna nt be filed unless and until one year has passed from the date of amrriage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

My answers to your queries are:

Within a year it is impossible to file for divorce either independently or mutually except exceptional cases like impotency, abnormality etc...

Contact me so I can safe your brother by all ways like by sending notices of conjugal right and by filing petition for the same etc...

Regarding your 2nd question :

Though Counselling Center advises or forces to give back return ornaments of lady, don't give without any judicial mediator's like Court or Police, Here is also having thousand of safeguards ways like can be shown that she herself left house and while going took all ornaments with her etc...

Regarding 3rd query:

There can not be settlement even by giving permanent alimony, within a year, it will be huge loss to your brother in future, as Divorce will get only when spouse can file for Divorce after a year of marriage.

For 4th query :

Appoint a learned advocate, like me, they will mention the grounds properly.

For detail help contact me via Kannon..

Sheetal Pawar
Advocate, Mumbai
21 Answers
1 Consultation

4.8 on 5.0

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