• Divorce

Hi sir
I need legal advice regarding divorce,
I got married in May 2018, I'm gay n I told this my wife before our marriage, we both were ready but after getting married life got hell, n unhappy, emotionally broke down.
Now I'm seeking for divorce but she didn't want to.
Please advice me what to do
Asked 1 year ago in Family Law from Pune, Maharashtra
Religion: Hindu

1) has married been consummated 


2) visit family counsellor to resolve your differences 


3) if counselling fails file for divorce 


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

Ajay Sethi
Advocate, Mumbai
72131 Answers
4339 Consultations

5.0 on 5.0

What do you mean by you told your wife? You made a mess of her life by marrying when you were gay! 

File for divorce immediately and make good to your wife by offering ample alimony. 

Let me tell you, you deserve to be severely punished man.... Thank your stars, your wife hasn't complained to the police. 

It's not the reply, it's you, who is terrible. I'm sure you'll meet your deserts soon.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1257 Answers
4 Consultations

4.4 on 5.0

1) You can go for annulment of marriage and not for divorce secondly you will be not called as divorcee.

Ganesh Kadam
Advocate, Pune
9029 Answers
74 Consultations

4.9 on 5.0

Better go with Mutual divorce, because in contested divorce may be you have to fight long battle for divorce. So try to convince your wife for mutual divorce . 

Mohammed Mujeeb
Advocate, Hyderabad
13891 Answers
6 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though you told to your wife, but still you would have thought that things will be settled.
  2. But, now as you have said that tu want to bring into an end then you may have to talk to your wife about it.
  3. As for even going for the Mutual divorce, one year has to be completed before going to the family court.
  4. I advice you to go accordingly and try to come to a conclusion which may not hinder any of you.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

See firstly in Indian only in exceptional hardship you can file divorce before one year of marriage. So till may 2019 you wont be able to file same.

Secondly in your case since there is no cruelty from wife it would be hard to take a contested divorce on ground of cruelty and it will take lot of time so talk to your wife and ask for mutual consent convening her that you dont want her life to be end up like this. Offer settlement amount,

Shubham Jhajharia
Advocate, Ahmedabad
22922 Answers
93 Consultations

5.0 on 5.0

You cannot file a divorce case within one year fromthe date of marriage..

If the marriage was not consummated then she can file a pettition seeking annulment of your marriage on the same grounds as well as citing that you are a gay.

But you cnnot file such a case.

You may file a contested divorce case after completion of one year of marriage.

T Kalaiselvan
Advocate, Vellore
62064 Answers
803 Consultations

5.0 on 5.0

Dear Sir,

You will get  divorce on medical grounds irrespective of consent or no consent of your wife.  The Supreme Court judgment relaxed the cooling period.

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0


You cannot get divorce now. You have to wait at least 1 year of marriage and after that you can file the same on the grounds of cruelty.


Swarupananda Neogi
Advocate, Kolkata
1286 Answers
4 Consultations

4.8 on 5.0

You have to wait till the completion of one year and after that you can file a mutual diverse petition in the family court based on your physical status and request the court to consider your petition.

This will take maximum 6 month to 1 year to get a divorce decree from the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6210 Answers
20 Consultations

4.9 on 5.0

If you want divorce without concerns of your wife .



You want Proof of Medical certification from Government Doctor.

Munieer Ahamed
Advocate, Kanchipuram
7 Answers

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