• Regarding divorce

My husband' family from the 3rd of marriage started questioning me about the things my father didn't give them like of gold and furniture, they shown themselves to be not interested in all these before marriage but after marriage his mother said all my family and relatives to retired me for not getting anything from bahu's family and that torture in the form of taunts, emotional and physical negligence from my husband , sister in law and father in laws taunts still continue. Even after 9 months of marriage, no physical relationship between me and my husband because he himself never shown interest for that, inspite of my affirmation. He inside my supports his family but at my face says ge knows they are doing wrong, no emotional and physical support from him, talked openly so many times to clear n save relationship but he agrees and do whatever he and his family advices him to do, yes he shares details of our personal life with all of them. I want divorce but please guide me how to proceed and what issues to be consider for proceeding , mrg date- 14.11.17
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu

File application for anullment of marriage on grounds of impotency of husband

2) also file case of dowry harassment ahah st husband , inlaws

3) fine DV case seek alternative accommodation,maintenance from husband

4) you can file for divorce on expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Mam firstly no divorce can be filed within one year of marriage provided there are no extra ordinary circumstances.

The divorce can be taken by two methods first is the mutual consent and second is the contest divorce under section 13 hindu marriage act on ground of cruelty.

if husband doesn't agree for the mutual divorce you can file a contested divorce on ground of cruelty that no physical relation is cruelty further dowry harassment in the family court.

Further a complaint for harassment for dowry can be filed with the mahila police station.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Dear,

Your marriage is not completed 1 year so you are not eligible for divorce right now,

so wait for more 3 months. Court will easily give you divorce, because if husband is

not interested in you and don't want to sex with you, then this is also counts in mental

cruelty and good ground for divorce.

He and his family demands dahej also. So they all are criminals and right now you can file

complaint against them in local police station.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client u can meet a lawyer and file Divorce case against him and file DVA..498a and dowry harrassment case on ur husband.. in-laws and sis in-law also.

And file maintenance/ alimony case against Ur husband.

For more details please call me through Kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
318 Answers
12 Consultations

Not rated

Dear Client,

You may file a divorce petition on the grounds of cruelty, dowry, DV and impotency of husband by showing his physical incapability thru his conduct. There may be sveral other good grounds when your case is studied at kength. For filing of the petition or further advice you may call.

Adv. Vikas Khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

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

2) wait for expiry of one year and file for divorce on grounds of mental cruelty

3) husband refusing to have sex amounts to mental cruelty and is ground for divorce

4) need to produce bills of purchase of jewellery and other articles

5) only in divorce by mutual consent is there cooling period of 6 months

6) court can waive cooling period

7)you cannot recover marriage expenses but can claim your stridhan from husband

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

You can go for mutual divorce,but things needs to be worked out.

You can approach a lawyer through kanoon.com and proceed accordingly

Anand Shukla
Advocate, Delhi
566 Answers
13 Consultations

4.9 on 5.0

no divorce before 1 year. Court decides about time.

all the bills, pics, video, conversations etc.

you can demand full amount of expenditure. Court will give order what amount is enough.

Procedure of court is same for all.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. See now there are only two months remaining to complete the time period i advise you to stay separately and wait as the permission taking process also take some time. Further facts in case doesnot suggest exceptional circumstances like cruelty harassment physical in nature.

2. Yes bills photographs if any taken at time of marriage can be submitted. and an police complaint under 406 ipc can be filed for recovery of same.

3. You can ask it along the alimony as the marriage expense in the divorce petition.

4. Yes the cooling period can be waived of there are some case but in normal period the cooling period is given in the mutual divorce.

First you have to file a jointly for mutual divorce the court shall on first motion record statements and give date after six month for the second motion and final decree.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

under some exceptional circumstance you can file a divorce petition with in six months as per section 14 of the Hindu Marriage Act however you have to wait 1 year and file a petition for divorce under mutual consent.

Streedhan is the property that a woman obtains at the time of her marriage, it differs from Dowry in the way that it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion.

You file an Application to Court for return of stridhan items as per list including all such personal belongings and locker and pray to include in your S. 498a IPC matter reference under u/s 406 IPC.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

You can file for divorce after one year of marriage. Better if you file for mutual consent divorce i.e with the consent of your husband. But if you'll go for contested divorce, in that case it will take around 2-3 years. Yes, all the articles given by the bride's family will come under Stridhan dhan, you have exclusive rights over such articles.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

6 months cooling period is a necessity.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Since your marriage has not been consummated, you can file an annulment petitioin to annul the marriage a decree of nullity owing to his refusal to sexual relationship maybe because he is impotent.

As an interim relief you may lodge a criminal complaint against his prents, sister and others who demand dowry amount in the form of jewels and money.

This will put them under pressure to keep way from your way.

You have to take some firm steps in this regard to protect yourself from any assaults which may try even endanger your life in their home.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

1. Will I get divorce before 1 year on this basis ?? What if my husband demands more time to settle things in court ?

Divorce case is not maintainable within one year from the date of marriage.

You may have to file an annulment petition if you want to quit the married life within one year on the grounds mentioned in my previous post.

2. We have given them lots of clothes related things, some furniture n gold , what proof will I need to be submitted in the court ? I can produce some bills , what else ??

Not necessary, you give a complaint in the police station with the list of articles held by them, the police will take care of other issues.,

3. I am working in govt. Dept. Even he too , both are managers , I don't need any single money from him , but my father has spend around 20 lakhs in wedding due to their image pressure, can I ask atleast half amount from them as cost of marriage to be born by him. ?

You can very well claim the money spent as compensation in the DV case to be filed against him.

4. Will we have to go through 6 months cooling period compulsorily ? I m going through severe depression kindly tell me first step to take ??

That is required only for mutual consent divorce, for that you both should have lived separately for more than a year.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

1.) It would be advisable to wait for the completion of one year. Yes you may get the divorce before 1 year on the basis of exception circumstances.

2.) First of all try to settle the matter out of court with respect to all the expenses, articles, valuables etc. then enter into the memorandum of settlement with each other, thereafter move for the divorce petition.

3.) If husband is not agreeing with mutual consent divorce, in that case you need to ask for alimony in contested divorce petition.

4.) 6 months cooling period may be waived off by the discretion of the court.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Maam please not that divorce can only be filed after one year of the marriage

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

1. you can file the same after 1 year of the marriage.

2. You may produce all these bills and may claim the same back, also you may produce bank statements.

3. yes you can claim the same as alimony.

4. If you go for mutual consent divorce then you will have to go for cooling off period, and if the contested divorce is filed then there is no question of cooling off period and the same will take atleast 2-3 years to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

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