• Sikh marriage not registered, wife not living with husband

Sikh marriage, wasn't registered. However, wife hasn't been living with husband since 7 months. 10 months (total duration) of marriage, first 3 months also she lived sparingly with husband. 
Wife had also concieved, but on being asked for DNA test, she got an abortion the next day. Husband highly suspects adultery but no proof. 
Also, wife is highly qualified to sustain herself, no children, could alimony be called for? How long could the procedure take? Can he file for divorce ASAP?
Asked 24 days ago in Family Law from Mohali, Punjab
Religion: Sikh

Alimony even if demanded can be objected. Yes he can file divorce asap

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You can file for divorce on expiry of one year of marriage on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental 

 

3) rely upon messages exchanged with wife to return to her matrimonial house 

 

4) if there is substantial differences in your incomes wife would be entitled to alimony 

 

5) contested divorce proceedings take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

See even if marriage us not registered it is valid.

Husband after one year of marriage has to file divorce on ground of cruelty. If the wife seek maintenance same has to be contested on ground that she left willingly and ground of cruelty has to be taken in divorce.

Further for adultery proof isane is also required.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Husband should file divorce petition against her. 

Otherwise she will file criminal case against husband and his family members for harrasing her and demand of dowry and of abortion. 

 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Non registration of marriage does not invalidate the performance of marriage itself and hence your marriage is still subsisting and is governed by Hindu Marriage Act.

If your wife is unemployed then you can not avoid her maintenance which is 1/4th of your income.

After 12 months from the date of marriage you can file contested suit for divorce on the ground of mental cruelty and her adultery.

Unless she agrees for mutual divorce there is no scope for speedy divorce. 

 

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Sir,

     he can file divorce after 1 year of marriage on the grounds of mental cruelty, 

     adultery.

     Alimony will be granted if she is earning low from you and not enough in the mind of court.

     It's totally depends on the court mind.

     In mutual divorce 1.5 years.

     In contested divorce it will take 5 years.

     

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Prove in court,no consummation with her still she got pregnant, valid ground of divorce and denial of alimony. Further educated wife not entitle to divorce. 

Only mutual divorce can grant ASAP, contested divorce will take years.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Hi

In order to file for divorce, you need to have strong case and proofs.

You need to prove your case before the court.

In all probability, you may face 498-A, DVC, Sec.125 and / or other cases against you and your family members.

As far as alimony is concerned it will be the subject matter at a final stage.

NOTE:

# Try and collate evidence  / material in support of your case before filing for divorce.

# when a wife is highly qualified and can sustain on her own, the quantum of maintenance and / or alimony will substantially comes down, but you need to prove the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
735 Answers
6 Consultations

5.0 on 5.0

Divorce can be filed only once this marriage turns one year old.

Approach the Family Court after 2 months and file and contest a divorce petition against your spouse. 

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Hello, 

Divorce can be filed after one year of the marriage. 

if the same is filed mutually then it will take 6 months otherwise contested divorce might take 1-2 years. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

If husband think wife has adultery issue than on adultery and cruelty ground he can file for divorce.

 

If adultery is proved than no alimony is given.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

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
3069 Answers
13 Consultations

5.0 on 5.0

- Registration of marriage is compulsory in India, but unregistered marriage does not become null and void in absence of it.

- If, wife is hightly qualified and able to maintain herself , she has no right to ask for maintenance from her husband, - A qualified wife is not allowed to sit idle and claim for maintenance.

- Since, on being asked for DNA Test , she got abortion , hence  husband is right to suspect for adultery.

- Further, she is living separetely since last 7 months out of 10 months, its means she is not interested to continue with her husband.

- Adultery and Separation is a good ground for getting divorce from the court of law.

- For , filing Divorce petition, 12 months separation is mandatory.

- After 12 months from the date of marriage , the husband can file Divorce case against wife , on the ground of Adultery, Separation and Cruelty .

- Divorce procedure may take long time .

- Better talk with the wife for a Mutual Divorce

 

Good luck and dont forget to positive rating.

Mohammed Shahzad
Advocate, Delhi
460 Answers
18 Consultations

5.0 on 5.0

Yes. In the given circumstances, he should file a divorce case ASAP.

Aftab Patel
Advocate, Aurangabad
17 Answers

Not rated

You may seek divorce from her on the grounds/reasons mentioned by you but you have to have proper and concrete evidence of reasons.

You may consult a local family lawyer with all information and evidences for further guidance and advise. 

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Dear

The divorce can be filed after completion of one year of marriage. Husband should wait for two more months to file divorce.

if the divorce is opposed by wife it could take around two to three years to reach the decision.

And if wife agree for divorce case can conclude in 6 to 8 months. 

Yes husband have to give maintenance to his wife as her right if she can't able to maintain herself. 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

Even though the marriage was not registered since the same has been properly solemnized as per religious rights and rituals,  the marriage is legally valid. 

For filing a contested divorce on the grounds of cruelty it should be more than a year after the marriage.he may have to wait for another two months to initiate legal process for divorce. 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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