• Can I file a divorce case

My marriage has completed 4 months. My age is 32 and my wife's age is 28. She is giving too much mental torture to me. Always frightening me that she will give me divorce. Abusing mu parents. Giving different types of mental torture. And also telling me that i am a impotent and she is not interested to live with me. But after a moment she is turning down and telling that i am not going to leave u. I have the right to live with u and no law can separate me. I told her that if u live here then i will be not com to this house and i will suicide. She is challenging that u live or not live or u make suicide nothing bothers me. I hav married i will live in that house and no one can stop me.

Sir , Please help me how can i get rid of her
Asked 1 year ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
1) you have been married for only 4 months . 

2) you cannot file for divorce unless period of 1 year has elapsed from date of marriage 
except in exceptional circumstances

3) has your marriage been consummated? 

4) if so then you are not impotent . record her abuses 

5) you have not mentioned the house wherein you are staying belongs to you or not 

6)if it is owned by you then your wife has right to stay in her matrimonial home 

7) consult a marriage counsellor and try to save your marriage 

Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. You cannot seek divorce before a year from marriage except in exceptional circumstances. 

2. You can avail the services of a marriage counsellor to bring your marriage back on track. 

3. If professional assistance from a marriage counsellor also proves futile then you may file for divorce with the court's permission.

4. You will have to prove the commission of torture by her. Start recording today her abuses so that you can use the recordings in the court. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
There seems to be no material ground except the harassment or the mental cruelty meted out to you through her. The contested divorce petition would take time to dispose and in your case you have no other way round since she would not agree to mutual consent divorce. 

If the house is registered in the name of your parents, it is advisable that your parents file a case of eviction against her as she cannot claim any right to live in that house since she cannot make any claim on the property owned by your parents.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Please mention who is the owner of the house? If it is someone else other than you then she is liable for eviction even if the house belongs to you parents.

2. Since your marriage is at very early stage it is would not be wise to take rash decision of dissolving the same, Involve family elders to negotiate so mutual settlement happens.

3. martial dispute at so early stage if reaches to court, it pay operate as disadvantage to you.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Querist
if it is not possible to live with her then immediately file a divorce case against her before family court based on cruelty u/s 13(1)(ia) of HMA.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hello,

1) Unfortunately you can not file for divorce on grounds of cruelty before you complete 1 year of marriage.You have been married only 4 months.

2) It would be advisable that you both together visit a marriage counselor who can do a lot of things in possibly getting your marriage straightened out as you are just married and there is a lot of possibility at this stage to iron out your differences and save this marriage.

3) Threatening her with committing suicide is not a good ploy.It can boomerang later as an act of mental cruelty to her.

4) As long as she is your wife she has the right for residence with you in the place where you reside.As I mentioned above do not try to vitiate the situation for now and try to amicable settle the differences between you and if that does not succeed file for  divorce by mutual consent after completion of one year of marriage.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, you can not file a divorce petition before completion of 1 year period but as per the Section 14 of the Hindu Marriage Act you can apply for divorce with in 1 year but you have to satisfy the court that what made you to file the petition for divorce within 1 year.

2. So you can file a petition for divorce on the ground of cruelty and also make an application under section 14 of the Hindu Marriage Act to request the court to allow your application and permit you to file an petition before completion of 1 year.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You can not file a divorce suit til your complete 1 year of marriage,

2. So, wait for 8 more months,

3. Meantime lodge a police complaint about her threat for lodging 498A complaint,

4. Let your mother file a DV complaint,

5. File divorce suit after completing one year of marriage, if things do not improve,

6. At that time you can offer her to give MCD against payment of compensation to get rid of the problem within 6 & 1/2 months.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0