• Divorce before one year

I got married 3 months ago  and i am NRI i have stayed with her hardly 10 days ,she was at my home for 2 months when she was in my home she was check on details of my  property , now she went to her mom house and saying she will not come with me now  and don't want to continue relation with me .

According Her problem are which is very small ,  we have changed her name after marriage which was printed on wedding cards also but now she says - call her with her old name which we don't  want and also some very small issues ... I think she just want my property ......

Now i came to know that there are trying get divorce ,also want to file a case against me 
I made her VISA ready also but didn't inform her yet   ,Can you please guide me so that my Family people should not get stuck with Police case ,also If i want get divorce my mutual understating ....How long it takes. .. please guide me....
Asked 1 year ago in Family Law from Bahrain
Religion: Hindu
1) you have to wait for expiry of one year from date of your marriage to file for divorce . 

2) since you have been married only 3 months wait for further 9 months . 

3) only in exceptional circumstances can you file for divorce before expiry of 1 year 

4) best go in for divorce by mutual consent 

5) in case wife files 498A case contest it on merits 

6) with recent SC judgement you would get bail . police will record your statement and submit report to magistrate whether any case is made out
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. Did you marry in India? 

2. Her name cannot be changed except with her consent.

3. Divorce cannot be filed unless one  year has expired from the date of marriage.

4. However, she may file false charges of dowry harassment and domestic violence against you to extract money from you. As and when the case is filed you and your family should immediately seek pre-arrest bail from the court so that you are not arrested and put in jail.

5, Mutual divorce does not take longer than around 6 months.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Well, there is no way by which she could be prevented from filing any case.

2. However in your case there is no merit for criminal action and even if any case is filed you or your family members should not get any difficulty to take bail.

3. Once bail is granted the criminal case, if any, losses all its sheen.

4. Involve elderly family members and try for amicable resolution of the deadlock.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
HELLO,

1) First of all your wife has no right in your properties, neither your self earned nor your ancestral property. Her possessing knowledge of your property is not going to help her claim the property.

2) It is not quite clear from your description what is the reason for her going away. Has the marriage not been consummated?That is the only possible ground she can file for divorce within one year of marriage.

3) If you want to get divorce by mutual consent this can happen only after 1 year of marriage/ separation. You need to show on record that you were living separately for 1 year or that you did not have any relationship as husband and wife. The divorce will take 6 months from the time of filing for divorce.

4) Your wife can file Domestic violence case or dowry harassment case if she wants to build pressure on you and  trouble you.If that happens you will have to get pre- arrest bail to avoid being arrested. While you are abroad bail for you and your family can be secured.

5) As you have got her visa ready there are two options before you.(a) Talk to your wife and inform her that her Visa is ready and that you are willing to take her along with you overseas.This might change her stand and put an end to her unwillingness to join you in marriage.It is advisable to send her an email or a letter informing about  visa.Overlook her small problems and see if you can take this marriage ahead.

(b) Your second option is not to let her know about the Visa until there is clarity about her stand about the marriage and it becomes clear what prompted her returning to her parental home..

6) Do not be worried about what charges she can make against you presently. Involve third parties(mediators) who can talk to her and her family and try striking a chord of amicable settlement before you initiate any legal step including filing for Restitution of Conjugal Rights.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Not sponsoring her visa will not go against you. So it is up to you to take a call.

2. Under the Indian law the wife has ho share in the property of her husband, much less her in-laws.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Divorce by mutual consent cannot be obtained before one year since it is to be shown that the husband and wife are living separately for more than a year. Further, it would be a better option that both of you settle your terms and agree that after a year you will file for mutual consent divorce since a contested divorce otherwise will take several years.

with regard to the property on your father and grand father name, she cannot make any claim on that. However she has a right in the property self acquired by you being your legally married wife.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Not to make the simple issues to big one. Settle the matter amicably with relatives or mediators. If both of you are think for a divorce then file a mutual divorce petition. But after the one year is the time period for that. 

So better solution is that talk to her parents and wash out the misunderstandings which had created their minds and Ego clashes . If she is like to continue the relation ,then reveal the status of Visa
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
5.0 on 5.0
dont send your wife visa copy . dont sponsor her trip to USA .

if she files for divorce in USA after staying in USA she would entitled to 50%of your assets
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. Obtain decree of Restitution of conjugal rights from Court against your wife.
2. Let elders of both the families counsel her to return to her matrimonial home and also to accept change of name.
3. If she files DV case against you and  your family contest the same on merits.
4. Inform her that her VISA is ready and she is welcome to join you.
5. To take Mutual consent divorce, both husband & wife have to agree.  To file for MCD the period of separation is one year.  It takes minimum 6 months for reconciliation after filing for MCD.
6. Your wife cannot claim your grand father's, your father's or your property.
Shashidhar S. Sastry
Advocate, Bangalore
1236 Answers
59 Consultations
5.0 on 5.0
1) you can stay in same house but not having physical relationship with each other . 

2) it is not necessary to cancel her address in her passport and other documents 

3) your wife can file complaint under 498A before local police station . you can obtain bail and contest case on merits
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
From your query it should be understand that  You married before 3 months ago. So how can we say that the separation from your wife is for one year. Your passport may become good proof . It is her duty and need to change her address in AADHAAR and Passport .
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
5.0 on 5.0
1. Did you change her name with her consent? Did you think that you have the right to change your newly wedded wife's name without her wish and consent? If yes then you are wrong,

2. You have stated " I think she just want my property". Did she say so or you are thinking so?

3. I find that there are very trivial issues which are leading you two towards divorce,

4. Please note that Divorce is the 2nd most stressful event in one's life which people understand after divorce. You never know whether your next bride, if any, will be any better,

5. Try to settle the matter amicably,

6. If that is not possible, negitiate with her for mutual consent divorce which will be decreed after 6 months of filing,

7. Inform her about the VISA if you want to save your marriage. Once she comes with you to your place of working abroad, all the misunderstanding cropped up so far is expected to go away.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Send her the VISA copy and talk to her about your buying air ticket for both of you,

2. Try to save your marriage now since you will get plenty of time to file divorce suit later on,

3. She will have no right on your father's property and/or your property during your life time,

4. She is entitled to maintenance even after being divorced, if she is unable to maintain herself.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Record the date of nher leaving your house,

2. You can file divorce petition after one year of your marriage,

3. You can also file MCD after one year or marriage and one year of staying seperately,

4. She or her parents can not send your parents to police,

5. After recent Supreme Court order, police can ot make any arrest without conducting investigation in to the police complaint lodged u/s498A of IPC.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. Your affidavit containing the statement of separation will suffice.

2. Her address cannot be cancelled.

3. Your parents cannot be arrested unless there is a case filed against them. They can seek bail to avoid being arrested.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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