Hello,

Your wife deserted you without any reason. It seems that she is not interested in continuing the marriage. A divorce petition can be filed by you on grounds of desertion but not before a period of 1 year from the date of marriage.

In exceptional circumstances the court can grant divorce.

If they are not ready for divorce with mutual consent then file an application under section 9 of the hindu marriage act. So that she may come back. If she is not willing then file for divorce on grounds of desertion.

There is no question of maintenance as she deserted you after 4 days.

Regards

If you cannot wait you have to apply permission of the court to start divorce proceedings before one year of the match if allowed you can proceed for divorce preceding on the ground of desertion non compatibility and cruelity otherwise you have to wait till the completion of one year and then you can start preceding and these grounds

1) If your martial life ended in 4 days than best way you should have applied for annulment of marriage.

2) Secondly you both will be not called as divorcee if annulment is done and no need to pay alimony or maintenance to her.

3) So don't waste time and give any reason for annulment of marriage application.

4) You can mentioned in that you had not consummate in your marriage life.

1. Your wife seems to have some psychological problem including phobia out of marriage and consummation of marriage.

2. If that is so then without medical intervention this problem is not likely to bee resolved soon . The medical intervention under the circumstances is very unlikely.

3. So best option is to ask for ending this marriage. Since marriage is not consummated either you can go for annulment of marriage. From the conduct of your wife and in laws I do see much prospect in your marital life.

Good luck.

You can file for divorce on grounds of mental cruelty after one year of marriage

2) wife refusing to stay with husband after marriage amounts to mental cruelty

3) wife refusal to have sec amounts to mental cruelty

4)contested divorce proceedings take 5 years to be disposed of

5) court would award wife maintenance

Sir since the marriage was not consummated and wife has only resided for 4 days it will be better you file for annulment of the marriage under hindu marriage act.

Further for divorce permission of court is required to file before 1 year of marriage citing exceptional hardship. If court grants you permission you can file same on ground of cruelty and can seek divorce further wife willfully deserted no consumption of marriage and if she is qualified and earning she is not entitled to maintenance.

Firstly, as you have stated in your query that it’s been less than two years which needed to initiate the divorce proceedings on the ground of desertion.

Secondly, but yes you can go ahead and go for the divorce on the ground of non consumation of marriage (no physical relation).

Thirdly, though i still advice you to got for RCR first to get her back if possible.

Fourthly, as this would also save you from future false criminal cases against you and your family.

Hello,

There can not be any surety that she will not claim maintainance.

Maintenance and divorce are two separate issues and cases.

You may file divorce for cruelty under section 13 of Hindu marriage act and the same will take 1-1.5 years to get decided.

Thereafter being your wife she can file a case of maintenance u/s 125 and the same can be defended only after seeing her grounds.

Regards

You need to give her maintenance if she is dependent on you. Only if she is earning or capable of earning Court grants no maintenance order. You need to file contested Divorce if she is not ready for mutual.

Dear,

As you said that you don't that she is ready or not for mutual divorce,if she is ready then it's

well and good. If not then you have a right to file divorce petition against her on the ground

of cruelty but INDIAN law favor only girls,so be ready for sleepless night and empty pockets,

because after your case she also filed false cases against you and your family,so be prepare

or try to convinced them for mutual divorce.

You can file the petition after completion of one year from your marriage date. You can defend the maintainace petition if she files one on ground that she has left the house on her own will without even telling the issues for the same. You can also mention about your cohabitation. But you will have to litigate if your spouse does so.

1. The solution seems to be mutual consent divorce but for this there has to be a positive agreement between both spouses on all issues including permanent alimony.

2. Seldom do you find a case where wife agrees to mutual divorce without demanding permanent alimony. So it is unlikely that she relinquish her right to seek maintenance/permanent alimony.

3. After a year from marriage you are free to file a petition for divorce unilaterally on the ground of cruelty. If she files for maintenance then she will get it for sure unless you prove that she is earning sufficiently on her own.

4. It takes around 2 years for the trial courts on average to decide the divorce petition in contested proceedings. It will not be a cakewalk for you.

Maintenance cannot be avoided and it has to be paid in any circumstance.

However, if you are able to establish circumstance that she is capable of managing her life, then, the court may consider.

After the completion of two months more, you need to file the divorce petition on the grounds of mental crulty against her in the court of law with the help of any local good advocate.

With respect to maintenance, you need to prove before the court that your wife had went to her house with her own free will and without any sufficient reason.

The only way you can avoid paying maintenance, except during the interim stage, is if you file for Nullity. Nullity can be filed by you on the grounds of relative impotency of your wife, since you mentioned that marriage is not consummated, or on the ground that your consent for the marriage was obtained by fraud or misrepresentation. Another possible ground can be if your wife is an adulterous relationship and you are able to establish the same. if you are able to lay your hands on some incriminating proof against your wife, you can even coerce her for a settlement. They might be trying to hold things off till her younger sister gets married so maybe some society pressure may help in reaching an early resolution.

Since your marriage has not been consummated and she left your house within a week after your marriage, you can file a petition seeking annulment of marriage on the grounds of non-consummation of marriage due to her willful refusal to have conjugal relationship or may be owing to her impotency.

If it is more than one year from the date of knowledge of the non-consummation of marriage you may file a divorce petition on the grounds of cruelty citing her refusal to consummate the marriage as the reason.

If the marriage has been annulled then there is no necessary to pay her maintenance.

But if divorce is granted and if she is unemployed then you may have to pay her maintenance as per court order.