• I want divorce

I got married on April 8 2015 to my relative. I dont like him and i was fighting against this marriage for  past three years. Due to my parents emotional blackmail i have accepted. The guy even knows that i hate him. He married me for family prestige and doesnt want to give divorce now. I want to come out of this forced marriage. This guy knows everything and inspite forcing me to live with him. I lost my carrer due to this marriage. Please tell me if i can get divorce without the boys concern. I cant stay here any more
Asked 1 year ago in Family Law from Kurnool, Andhra Pradesh
Religion: Hindu
1)you have stated that you married your relative . how are you related to him ? please clarify 

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

3)if your husband refuses to divorce you then you have long legal battle ahead 

4) contested divorce proceedings take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1) you have to file for divorce on grounds recognised by Hindu Marriage act 

2) notice would be issued to your husband 

3)case would be referred for counselling . objective being to save the marriage 

4) your husband has to file his reply to divorce petition . 

5) evidence has to be led by both parties . 

6) evidence has to be tested in cross examination 

7) divorce would be granted if allegations made in petition are proved 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. You have married her legally. If anybody had forced you to marry him, you should have lodged a police complaint against him/her/them,

2. "The guy even knows that i hate him"  is no ground to seek a decree of divorce from him,

3. In fact from your query I do not find any ground for divorce,

4. However, you can negotiate with him and file a mutual consent divorce petition after one year of your marriage,

5. If he does not agree for MCD, you can file a divorce petition on the ground of cruelty with supportive evidence. 
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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 You need to have evidence in support of your ground shown for seeking the decree of divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. Audio record some of the conversation with him which can be termed as cruelty on you,

2. Based on this evidence, file a divorce petition after one year of completion of your marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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1. You have to file for nullity of marriage to get out of the matrimonial alliance which has been brought in inception against your wish.

2. Your husband will be given a chance to rebut your case. However, the court can grant you divorce in spite of his opposition.

3. You are free to move out of the house wherein you are residing with your husband.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. The procedure begins by engaging a lawyer and filing the case.

2. Your solitary statement may suffice.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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Dear Querist
Immediately file a annulment petition before family court for annul this marriage because this marriage is solemnized under pressure and force under section 12 of Hindu Marriage act will be applicable.


there is no specific time
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi, as the marriage is not completed with in one year you can not file a divorce petition before completion of 1 year.

2. You can file a petition on the ground that void marriage under section 12 of the Hindu Marriage Act, as the consent for the marriage has been obtained by force. 

3. You have to file a petition for void marriage within 1 year.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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