You can go for annulment of marriage instead of going for divorce.
I married my husband on Dec 30th 2018. The marriage was done in a chat magni pat fashion. Before marriage, I shared him of having a past relation which was long distant as I wanted to start our married life on truth and trust. He nodded and behaved okay and said yes to the marriage. Post that day he used to ask humiliating questions and hurt me which he said that once I get married to him he ll be happy and won't torture. Believing in his words I got married to him. But after somedays he showed his true colours and started tormenting with the same old questions and humiliating in front of his parents. Later he without my family's permission searched pictures on my family laptop and torched again as he saw some picture which according to him should not be there. He assumed of me sending to my ex or any other boy. He hit badly in front of his entire family and abused me and my family in a bad way. He then used to hit me whenever used to raise my voice when he used to say humiliating things. Whenever my parents used to come to take me home knowing that he torches me unknown of the fact that he used to hit me also..he suddenly used to became best person ever and behaved lovingly with me. I started loving him since he was my husband and could not understand his cleverness. He was a sex maniac and wanted even if I wasn't well. And torched mentally and physically when I refused. Seeing is mental behaviour I decided to come back to my home and divorce him. Please let me know what to do. I want to get rid of him as soon as possible. He treated me like a sex slave and never respected me as a wife. Help me
You can file DV case against your husband seek protection order , alternative accommodation, maintenance and compensation for mental torture undergone by you
2) file for divorce on expiry of one year of marriage
3) only in exceptional circumstances can you file divorce before expiry of one year of marriage
1. This person doe snot seem to be mentally fit to discharge a normal marital obligations.
2. So ask him to behave himself and give him clear terms fulfillment on which only you can decide tor return to your matrimonial home.
3. Since staying in your parental home should not be your objective to live rest of your life you can ask for mutual divorce on payment of permanent alimony.
Good luck.
@Mr. Kadam how to go about annulment process as they say it is required to Complete an entire year from the date of marriage.
To file a suit for nullity mandatory period of one year is not required.
In any event your case does not fit be applied for declaration of your marriage as null and void.
File a police complaint before mahila police station for beating and harrasment under Indian penal code and domestic violence act against husband and family.
Further after one year from marriage you can file divorce on ground of cruely against the husband.
You can apply for a divorce only once your marriage is one year old. For now, move a domestic violence complaint against your husband, since he has abused you physically and emotionally. Consult a local lawyer and seek help in filing a complaint under DV Act. Seek maintenance from your husband if you're financially dependent on him.
Since ur marriage is just 4months old I will suggest u to go for a couple counselling. There larger possibilities of patch up. U can go for counselling from ur parent home itself for safty measures.
if it wont work then u have many legal remedies with u like compaint under domestic violence act or filing for divorce etc.
You can file contested Divorce in this case. For annulment you need to establish grounds of fraud played upon you by your husband
No case of anullment is made out
anullment petition can be filed within period of one year of marriage
file for divorce on expiry of one year of marriage
file domestic violence case against your husband/inlaws
also claim maintenance from him
another option (best) is to file a complaint under section 498a,323, 406,506 against him/inlaws for causing beatings, sexual abuse, mental torture,etc to you
don't think for divorce at this stage,
first of all file above cases and wait and let him file divorce
Divorce can only be foled after 1 year of the marriage. You may lodge a FIR against him for the physical torchre that he has inflicted upon you.
From the facts as told by you I do not see a case flr annulment. Though a case of annulment can be filed within 1 year of marriage also.
you may live separately and initiate divorce proceedings after a year of marriage. Till then you should initiate criminal proceedings against him.
regards
Dear Client,
On the ground that the case is one of exceptional hardship to the petitioner, divorce can be while just after marriage.
No doubt the situation may be intolerable and you may not be able to continue the marital life with him in the given situation.
However you should be aware that you cannot file a divorce case within one year from the date of marriage until and unless it is a very special and essential circumstance.
Thus you may have to wait for at least one year for filing the divorce case.
There is no reason fr filing annulment petition becasue your cae will not fall under the category of annulment and this cannot be cited as a strong reason for annulment.
Dear Madam,
It is better to file Domestic Violence case against your husband in Family court. First you settle your financial condition after that go for divorce. The domestic violence proforma prayer is as follows:
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
Annulment will not apply in your case as non-disclosure of his "suspicious" nature does not fall within the ambit of having fraud or misrepresentation committed upon you. You can however apply for Divorce on the ground of cruelty after one year i.e. post 30th December, 2019. In the meanwhile, do create proofs by recording your conversations with him as otherwise proving his split personality in Court will be difficult.