Mutual consent divorce for no fault
i ended up marrying a man i knew i would not be happy with. i did also tel a few people that my marriage will not last much as i dont like him at all and there are several incompatibilities. I wanted to marry a man who is better than me, whereas to me, he seems to be an added baggage.
now i have been married for two months and i dont talk to him at all.the disliking has turned into hatred as whatever he does pisses me off. i have discussed with my mother in law and my parents. but no one is able to understand and just say give time to marriage. To me, every day goes wondering why am i here and when can i be out of this. this has started to impact my health and mental state as well.
i need a divorce and just want to be out of it. when i discussed this with him, he says i will not give divorce and that eventually things will be sorted.
irony is that i cant see him as my husband. it puts me off completely.he is a sardar and i didnt want to marry a sardar. plus his immature personality keeps me wondering if he is normal. he has been overly pampered by his parents that he does not seem to be able to face challenges of life himself whereas i have always been a strong independent personality.
now my mother in law says given another six months time and my parents say stay with him for atleast 3 to 4 more months whereas i want to be out of this today as there is no scope for me to accept him.
please suggest a way out and how soon can this be done.
Asked 2 years ago in Civil Law from New delhi, Delhi
1)you cannot file for divorce unless period of one year has elapsed from date of your marriage
2)convince your husband for divorce by mutual consent after expiry of 1 year of marriage
3) if your husband does not agree file for contested divorce on mental cruelty
4) please note that contested divorce cases take 5 years to be disposed of . mutual consent divorce takes around 6 months to be disposed of
Until and unless your husband agrees for mutual consent, it doesn't seem to be a case of contested divorce since your parents and in laws will not state in your favour if you file for a contested petition. What you can do now is to file case for judicial separation and if the same is granted, after a year on the basis of the same divorce can be obtained.
The whole thing will take more than 6 months or may take even an year so decide accordingly.
The proposed divorce either under mutual consent or otherwise(contested) can take place after one year of the marriage before that you cannot initiate any legal action in this regard without permission of court. By the time your permission petition is granted to sue him with divorce suit, the one year period would have elapsed.Moreover you do not have any ground to sue him except for the trivial issues which will not be sufficient for filing a divorce case.
Alternately you can come out of his house, stay separately in a working women hostel or in any rented accommodation on the basis of your independent income to survive and also since your parents are also not favoring your decision. You may stay so for a considerable period and then think or plan about filing the proposed divorce suit against him.
you have been married for barely two months. for mutual consent first you got to be separate from him for minimum of one year. two you need to convince him that this is the best way out. else please proceed with the regular process as under section 13 if some ground is available. you may also go for annulment in case no consummation of marriage has taken place.
1. You should never have married him in the first place. A marriage is difficult to wriggle out of legally if the spouse is not willing to go for mutual divorce.
2. If he is not ready for mutual divorce you have only one legal recourse left to end the marriage i.e to unilaterally file for divorce. However, your statement does not reveal any ground on which you can seek divorce. Disliking for spouse and that he has been pampered by his parents do not qualify as legal basis to file for divorce. There has to be a legal ground for divorce, failing which you may never be able to terminate the marriage.
3. So the only suggestion I have to make to you is to consult a lawyer so that he can dig out a ground on which you may unilaterally file for and obtain divorce as your query does not disclose any such ground.
As per Section 14 of the Hindu Marriage Act, you will have to wait for a period of 1 year to seek divorce.
Advocate, New Delhi
1. When you knew that you will not be happy with him and also when you did not want to marry him, then why did you marry him?
2. Do you think that marriage and divorce should be guided by whims and fancies?
3. For seeking decree of divorce, you should have adequate grounds which are acceptable by the Act,
4. However, you can file a divorce suit after completion of one year of marriage,
5. talk to him and file a mutual consent divorce which will be disposed off within 6 & 1/2 months,
6. If he does not agree for MCD, file a divorce petition on the gropund of cruelty, if you can collect acceptable evidence, after completion of one year of marriage.
No fault liability is not accepted by Hindu marriage act. section 13 of HMA is based on fault theory. each ground for divorce is based upon fault theory.
Although irretrievable breakdown of marriage is under consideration of Lok sabha but still it is pending.
If there is grave exigency or exceptional case and there is no remedy in statutory law then Indian citizen has right to seek proper and complete justice by filing application under article 142 before Supreme court.
Supreme court has special power to give complete justice in exceptional case.