• Legal consultation for marriage issues

Hi, 

I and my wife got into marriage after a relationship of 2 years in april 19. Both of us are working and now when i ask her to split the househild expenses with me in 65:35 ratio she made my ask public to her friends and her brother and there was conversation bw them not to pay anything. 

We have not yet being registered in a court as married individuals but we did have a marriage function.

Right after marriage we have issues and she never sorted them with me but made it known to her friends while demeaning me. 

I feel harassed now and have lost the inner peace i had in my home. 

She has slapped me mutiple times and to that i have never raised my hand on her.

Can you tell me what should be my way forward here. I think that she alongwith her family would post false allegations. I have a small family of myself and my widow mother incapable of handling such a situation.. please guide
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

A NCR can be given to police stating that your wife is threatening you implicate you and your family in false criminal cases to create pressure of you. Also, take acknowledgement for the same. It can be used for court proceedings later, if she goes on to file any cases against you.

You can file for divorce on grounds of cruelty by wife but that can be done after completion of 1 year of marriage only. Till that time, you should troly to procure documentary evidence which would be able to prove cruelty on her part in court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

That can be managed. 

Contact some advocate.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If registered marriage or not when you have accepted both to each other as husband and wife. than you both should be live happy married life, within a month or two you married life got spoiled.

 

Take it cool and calm down as you marriage is new and a newly girl few are shy or arrogant , so yours is arrogant.

 

Instead of asking you money for household expenses to her, why don't you ask you to run the house and mange the house keep transpacray like crystal, so she will come to know how much money is needed every month to run the house.

 

So don't take harsh decision in hurry to break the newly marriage life. and don't judge a person on one single attempt there is lone way to go.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Non registration of marriage dose not invalidate it. And first of all become tough , ask her what is her problem in sharing expanses , this is her home now. And what is the need to discuss things with outsiders. Say her straight,  if she wants to stay like this , better dissolve marriage.

What NCR you will file that she slapped you, police won't act or make fun of it.

Discuss with her either settle with you or leave.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

after going through your query, and keeping in mind the duration of the marriage, which is hardly 1.5 months,

I suggest you to, 

1. if you want to rejoin matrimonial knot, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and start AFRESH, and if, failed, send her to her parental house stating any reason and file Restitution of conjugal rights petition in the Court,

and,

2. if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months ( technically not filed till one year of marriage but as your marriage is not registered therefore..................... ), and you both will be free to live life with your wish,

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint (may add more serious sections and allegations) 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See you can file a police complaint against your wife for hitting and harassment and intimidation for false cases.

The police can take complaint as Non cognizable and you can also file divorce against your wife on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See marriage registered or not it is valid police can call other side in case they make it non cognizable they will not take as complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Non registration dues not affect validity of marriage 

 

you cannot force wife to pay for household expenses 

 

3) you can file for divorce on expiry of one year of marriage if wife assaults you and Malings  your reputation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to file for judicial separation then after a year for divorce.  She may file false cases as counterblast but you need to be ready

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

Marriage is a bond which binds a man and a woman to support each other physically, emotionally, financially and legally. They become each other’s pillar and strength. If one is stable at their relationship they perform all their duty being towards family or society. In today’s India now marriage has not remained the forever vow which it used to be in the earlier days. The divorce rates are increasing with the upcoming days. To remedy this scenario of increasing divorce rates counseling has been started. There are many famous couples who went to marriage counselor to save their marriage without the shame of the society.

Marriage counseling is not only about saving your marriage but also telling the truth to your counterpart and let you do what is right. Trust in two people is what which makes the relationship go stronger. And through counseling this needs to be built between the couple. All confusion and conflict in a relationship leads to broken family relationship and disharmony in family and also divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Sir,

 

- NCR is not advisable as it might get you into litigations and she might use other tacts to harras you.

- Getting your marriage is no doubt necessary however if you get any govt proof as husband-wife that is sufficient to prove the relationship i.e Passport, Ration Card. which sustitute the marriage registration. 

- Delhi Govt. has family counselor assigned to resolve the family matter and restitute the family without any hassle. You can try there as if it fails it will lead in your support.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1. Even if your marriage has not yet been registered, you will be considered as married to your wife as per law for having performed the customs and rites of the marriage with her.

 

2. There is no  provision of law which specifies the share of the expenses the couple will individually bear can be determined. Hindu marriage is not based on contract. Such matters shall have to be mutually decided.

 

3. If you feel that you are beiing tortured by your wife, you should  collecvt evidence for the same in the form of audio/video recording and then file a divorce suit on the ground of cruelty after completion of one year of marriage.

 

4. Before taking the step to file the divorce suit, keep in mind that divorce is the 2nd most stressful event in one's life and you never know whether your next wife, if any, will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can lodge a police complaint against her after audio/video recording her suah cruel acts on you.

 

2. After lodging the  complaint, you can request the police not to press the matter.

 

3. You shall have to decide whether you shall continue this matrimonial relationship with her or not and take action accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Act as advised herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you are capable of managing your own household expenses why do you resort to ask her to share the expenses.

If this demand is not there, perhaps you may not face any problem?

You may see what are the reasons for conflict between you two and whether it can be reconciled.

If the problems between you both can be sorted out by talks or by the intervention of of elders of both sides or by a marriage counselor you may try all these options to save your marriage.

If nothing works then you may think whether to continue with this marriage or to file a divorce case on the grounds of cruelty.

You may consult a local advocate and discuss at length on all the probabilities.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You should become aware that even without registration of your marriage it is  legally valid and you cannot deny the fact of your marriage.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

According to law, it is prime responsibility of husband to take care wife,  you cannot force her to pay for household expenses.if you both are ready for separation then after completion of one year you both can file for Mutual divorce. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear sir,

As i am figuring out, many advocates have opined you to file a NCR. correct, but the better option would be to solve out the things between two families. As, you mentioned that your mother cant bear out such things, my opinion for you will be to settle out the things first, in which you can take my help(through mediation). if they don't settle, we will be taking another measures.

you can consult me for consultation, if any.

Regards,

YUGANSHU SHARMA

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

Dear client 

You should File NCR(Non cognizable report) to police that your wife has been doing physical cruelty against you and also planning to push false allegations against you with help of her friends and brother. 

If you have a marriage function and haven't registered your marriage then it would not effect the validity of your marriage as there are photographs of function in which you got married.

If you want to end your marriage before completion of 1 year of marriage then you have to make plot of fraud done by your wife to get married with you and it will be under section 12 of Hindu Marriage act.  In which you pray to court to declare your marriage as null and void on basis of fraud done by your spouse for getting your consent for marriage.

Otherwise you have to wait for 1 year to get divorce under section 13 of Hindu Marriage act 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer