• Get divorce without maintenance

Https://www.kaanoon.com/162104/how-to-start-the-procedure-for-divorce. Above Link is the question I asked some time ago. I have been married 10 months ago. The status has not changed till today. My wife deserted me after one week of marriage with out informing me. Since then there is no communication from their side. I met his father this year January and After arguing for some time I told him either to send her to my house or otherwise don't waste my time and initiate the process for divorce. He said he needs time but didn't say how many days he needed. After 3 months, in the month of May, I called him and he started avoiding me. With great difficulty I arranged a meeting with the girls parents and my parents including me (my wife didn't attend the meeting). He said recklessly he is not in a hurry to decide about our Problem and said he may further need 3 to 6 months of time or More than that. He said he didn't like my behavior and he should first get convinced with my behavior. They never talked a single sentence about her daughter. Myself and my wife hardly stayed together for 4 days after our marriage. She hardly talked to me. We didn't have any physical relationship. She is extremely introvert and highly stubborn in her behavior. We didn't even sleep together in one room. She has a younger sister who is currently unmarried. What is the solution for this problem. How to get divorce without maintenance. They don't seemed to be ready for mutual divorce (my guess). How many days it will take for me to get divorce without maintenance.
Asked 4 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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16 Answers

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

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

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.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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