• Want to divorce wife within 1 year of marriage?

My wife fought with me 11 days back at my matrimonial home....she wanted to hurt herself..n I saved her from hurting herself by tightly holding her...she called her brother...left d house with him ..went back to her house..neighbours saw everything...her brother threatened me n my family with respect to domestic violence n dowry cases for 3 days..then he stopped...my wife has continuously spoken ill about family..n her father also says so...on talking..we still told them that we will keep her at our home at Gwalior..but her father refused to send her outside Delhi NCR..n wanted me n my family to Delhi ncr...her attitude n her family attitude has still not changed...since marriage..she has been torturing me mentally...
Now I m planning to go abroad n work...I want to divorce her. We r married since 5 months. Please help me.
Asked 6 years ago in Family Law
Religion: Hindu

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24 Answers

Hello,

Divorce cannot take place before one year of the marriage as per the Hindu marriage act.

You may go ahead and work in some other country And may then take divorce after one year of the marriage

 

Regards

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

A minimum of 1 year has to pass before you can file a divorce petition bit in exceptional circumstances it can be waived.

If she has gone then well and good. Bide your time and wait for 1 year to pass.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can’t stop anyone from filing the case. If they file the case then you will have to contest the same.

You may get in touch if you want further consultation and advise 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If she is a working women then you are not liable to maintain her still you may deposit some money into her account so that your good will can be shown to the court if she files any case

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See for  divorce before one year of marriage you need to seek permission of court citing cruelty on her part and showing that this cannot further continue . Exceptional circumstances have to be established in the case.

Further you can file complaint against wife and family.for intimidation before local police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in case they file cases before going then you may be restricted on visiting abroad and you have to.go with permission of court only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See can seek for residence and maintenance right from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you want to go abroad tgen don't tell her anout your intentions. Tell her that you would send her a visa as soon as possible. Meanwhile send her sone money. So thatshe keeps quiet.

Tell your family members to be quiet and not discuss and disclose what you intend to do.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

yes she is entitled to maintenance if she is not employed. Therefore give her some money so that she does not raise any issues.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

2) you are at liberty to go abroad for work purposes 

 

3) file for divorce on expiry of one year of marriage 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Incase wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

 

2) on filing DV case  there is no arrest . File detailed reply denying allegations made against you 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Before they file dv and 498a case against you and your family. You can file annulment of marriage case so in future you will not called as divorcee as well.

 

Within 1 year of marriage you can go for annulment of marriage later on not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

if there is substantial differences in your income wife is entitled to maintenance 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

if there is substantial differences in your income wife is entitled to maintenance 


if there is substantial differences in your income wife is entitled to maintenance 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

You may file the divorce after 1 year only not now. 

As of now you can not file any case. 

 

Regard s

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

RESPECTED sir... 

If you want to get rid of her there is simple and sober procedure to file divorce petition under section 13-A of HMA.. And keep in mind that file petition prior to her... That will work as a defense for you as no one can stop her or her family to file Dv or dowry cases... Once if she file petition for maintenance then it is your duty to pay her as this is provided by law... If you want to go abroad then just go prior to any filling and don't file you too she will get to know herself as once you fly out of India she can not do anything... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

You can file for divorce on the ground of cruelty against her, which you have to prove in the court. You can do so at least one year after marriage. In the meantime start collecting evidences in support of your claim. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cant divorce her you need by the same person.  No compensation. 

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

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

If you have plans to go to abroad, then better leave the country without informing anyone at the earliest possible because if she comes to know about your program to visit abroad on official visit then she will immediately lodge a criminal complaint and ask the police to summon you and to take your passport as deposit.

The police will threaten or even object to your anticipatory bail and may inform court that yo are likely to leave for abroad hence to direct you top deposit your passport with the court till the disposal of the criminal case against you in order to grant you bail.

This will be a serious issue which may even spoil your future or career.

So better be careful on this aspect.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

During your visit to abroad and in case she lodges a criminal complaint against you and your family members, you may ask your family members to obtain anticipatory bail and you remain silent about your case, without taking any action on this. The police cannot extradite you from abroad for this purpose.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

You dont commit anything that way without an order from a court of law.

She may have to file a petition seeking maintenance and in that she may have to inform court that she is not employed and do not have any source of income to sustain her expenses, can she lie before court in that  manner, if that is the case she can be held for perjury for lying before court.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

For the present you may stop all your communications with her, block her telephone number, block her from all social media networks including facebook and emails.

Do not give a clue of your visit to abroad to avoid problems to you.

Your safety and your future or career is in your hands, you only have to manage it to secure a proper future instead of getting  it spoiled due to her vendetta or revenge on you.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Dear

You cannot divorce her before completion of one year of marriage as per Hindu law. 

You should file a case for Judicial separation against your wife under section 10 of Hindu Marriage act.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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