• 4 month of marriage, now want divorce

It has been 4 months to my marriage. My family don't respect me or my family. I transferred from my city to bhopal for her profession. She is running art classes in bhopal. She even misbehaved with me, threaten to cut her hand and throw me out of our rented house. I am not living with her now. What should I do now? Should I take divorce? How much alimony will I have to pay? She is making 15-20k per month and I am earning 30-35k per month?
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

You have to wait for 1 year completion of marriage for mutual consent divorce otherwise you can file contested divorce on the basis of cruelty by wife.

But in return she might file suit for domestic violence. And you will need to defend yourself and your family. So first gather evidences and then go for divorce.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

you can file for divorce only on expiry of one year of marriage

2)wife threatening to commit suicide amounts to mental cruelty

3) wife throwing husband out of rented house amounts to mental cruelty

4) best option is to file for divorce by mutual consent

5) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

Hello,

It is too early to end the marriage and as the statutory period is yet to complete there is a rare chance that the court will entertain your plea except you can show exceptional hardship to continue with your marriage .

Hope this helps.

Regard

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

1. Since she is earning money which is almost at par with yours , you can avoid her any maintenance in the event if she files any case.

2. 4 months is too early to take any decision regarding your marriage as during initial years lot of incompatibility arise which mostly subside with passing of time.

3. So give it some time . have patience , go and stay with your wife at your in laws or at tourist destinations. This work wonders to sort out differences.

Do not think in terms of divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

1) If you both are recently married and living together than you can apply for annulment of marriage and you will not called as divorcee as well plus no need to pay alimony as well.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

You have to decide if you want divorce or not. If you want to continue the relationship then involve elders of your family and try for reconciliation. The other option is sending a legal notice to her with allegations of harrassment and threat to your life . Also, you have an option to file police complain. Inorder to get divorce you need to wait more 8 months. Then you can file divorce petition before the family court and if she is ready for divorce then go for mutual divorce, otherwise you can fight the case on the grounds of cruelty, harrassment and threat.

The alimony amount would be decided by the court and it can be also decided by mutual cooperation on an amount decided by you and your wife or the court will decide.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

Hello,

Divorce can only be filed after 1 year of the marriage.

till then you may file a suit for judicial separation.

Alimony depends on the claim that will be made by your wife.

Try and talk to her in order to settle the dispute mutually.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

You have to wait for completion of one year of your marriage then only you can move your petition in the family court for divorce on the cruelty and non compatibility by grounds the alimony will be decided by the court and demand of the wife and you cannot expect any amount right now definitely the consideration of social and economical background is a major part in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Answerd by Adv kavery Anand Bangalore.. sir she is showing cruelty towards you.. and she is not having any respect of u..

But till 1 year of marriage u can't file Divorce..

After 1 year of Ur marriage.. till that u can file for RCR ( restitution of conjugal rights) in family court.. for making Ur case more strong..from ur side . If she doesn't come...then next send a legal notice...and ask her to come for mutual consent divorce.. if she doesn't want to stay with u any more...

If she do not agree then file a contest divorce.on the ground of cruelty and desertion.

For more details call me through kaanoon.com

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

You cannot file divorce case for such reasons.

You cannot file divorce case within one year from the date of marriage

You can deny to pay her maintenance since she is employed but the burden to prove her employment and salary income will fall on you.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

Dear Sir,

You can file divorce case against her. about alimony

Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. Alimony will be fixed for one only once. Please refer about alimony:

What is Alimony?

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents.

The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Sir first of all since it is 4 months of marriage only you can just attend the counselling and can make your marriage work as sometimes in starting it is difficult. Further if nothing improves file a police complaint that she is threatening to suicide and file false case intimidation is there. Further if not file a divorce petition.

Since in India no divorce can be filed before one year of marriage so in that case either the permission from the court has to be taken to file divorce or you have to wait for 8 more months.

Further the maintenance and alimony are decided on basis of many factors still since she is working and you are also she can maintain herself she is not eligible for the maintenance and further same can be contested,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

as per section 13 B of Hindu Marriage Act one year period of sepration from the date of marriage is required for the divorce by mutual consent. not one year from the date of marriage. however as per section 14(1) of the Hindu Marriage Act, the one year period of sepration can be waived in hard and exceptional circumctanses

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

A petition under section 10 of the Hindu Marriage Act is required to be filed.

No you do not have to wait for 1 year for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Sir for judicial separation it has to be filed before the family court under section 10 and the grounds of separation are similar as divorce and take time so what I would suggest is wait for time and directly file.for divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Divorce petition within one year of marriage is not allowed as per law.

Still you can proceed and pray for leave to file it.

You have to prove urgency in your matter.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

you can file petition for judicial separation on expiry of one year of marriage

2)A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought.

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

You can file a judicial separation petition even at this stage.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

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