Sir meri marriage 29 march 2020 ko curfew mein hui thi aur meri wife meri family aur mere sath misbehave krne lggi ....muje bolti hai ke tu muje psnd nai ...aur bolti hai mera bf hai....mere sath woh 2-3 din physical relation mein rahi hai aur ab change ho gyi.....ab woh apne ghr par hai aur mene unke ghar walo ko bola ke ye esa krti hai....woh apne ghr walo ke samhne sb kus mukr gyi....mera abb us se believe tut gya.....muje khatra hai ke woh apne bf ke sath milkr mere ghar walo ya muje poison na dede.....ya fr abb toh woh apne ghr hai....mere ghr aa kar apne app ko kus kr le aur meri family aur muje jail na krwa de .....plz help me mein kya kru.....muje divorce chaiye ....unke ghr wale meri wife ko chodne ghr aye thy lekin meri family ne bola ke ham kaise zkin kre ....jab unke ghr wale aye thy unki audio recording mere pass hai jisme mene bola tha ke agar apse dowry mangi ho toh bta do agar apki ladki ko presan ya mar piet ki ho toh bta do aur unke ghr wale bolte hai esa toh kus nai.....ab woh bol rahe hai ke agar tum na manne to dowry ka case file krwa dege.....aur jail krwa denge....:mein ek government employee hu aur meri wife M.Tech pass hai.....bhut hi dangerous hai muje aur meri family ko bhut khatra hai ....plz help me mein kya kru.... Divorce hone par kitni money ya property deni padti hai ? Mera pass kus nai hai sb kus meri mom ke name par hai kya woh unki property’s aur money ka share le skti hai ? Plz give me solution ....
Only in exceptional circumstances can you file for divorce can you file for divorce before expiry of one year of marriage
2) wife refusing to have sex amounts to mental cruelty and is ground for divorce
3) wife abusing husband amounts to mental cruelty
4) you can file for anullment within period of one year of marriage
5) wife has no share in property standing in your name or parents name
How to prove refusing to have sex amount? Agar meri wife ne mere par false dowry case kar diya ya far police complaint kr di toh mein kya kru ?
1) in case wife files dowry harassment case police would issue you notice to record your statement
2) you can apply for and obtain Anticipatory bail from sessions court
3) messages exchanged with wife , audio recordings wherein you complained about her refusal to have sex can help you in making out a case
1. File a police complaint against your wife and their family that they are intimidating for false cases also stating that they may harm you physically.
2. Secondly to file divorce before one year of marriage you need permission of the court showing that wife is extremely cruel and you cannot continue with her.
3. Wife may claim maintenance though based on fact that marriage is just one month old you can contest same. She has no right in the property.
Dear Sir,
From your query, it seems that you are really puzzled and in great shock to due to behaviour of your wife and changing colors of your in laws. In this circumstances, you are suggested to be mentally strong first and pass some time because the petition for divorce can't be entertained now (before 1 years of marriage, as per law) and also the allegations (though false) by them of dowry demand would be believed to be true. It is also trick of some girl's parents to extract money through false cases by their daughter. In this situation, the better way would to put conditions in writing and having proof of that so that they may not use women oriented laws against you. Be calm, gather courage and start conversation with your wife stating that your love her and she should forget her boyfriend as disclosed by her etc. Please be sure, not to loose your heart/temper and not to use your heart in such conversation as you do this for having a proof. Also, talk regarding understanding of each other, giving time and space in relationship. While you do this, prepare an humble and sympathetic application and send it to police authorities mentioning her act and conduct and also of her parents/relatives regarding threat of false cases. Make prayer in that application to keep a copy of that in record (you also preserve a copy of it) and give you sufficient time to put your version and take any action against you only after hearing you in case of any case by them. This will be your shield to their cases. Also, an educated and capable to earning lady has very less chances of getting any thing. And nothing can be given in properties of your mother to your wife. After you pass some time and gather the evidence, file the case against her for divorce and also other suitable cases.
Agar uska bf hai to usko ghr waaps mat lena. Usko wahin rehne do. Aap kewal apni job karo. Usse ph par baat kar lo aur uski recording kar lo ke woh kyun nahin rehna chahti hai aapke paas.
Uske bf ka pata lag paaye to laga lo aap.
Aapki mummy ki property mein kuch nahin kar skti hai woh. Uska koi right nahin hai usmein.
Agar aap usko chhodenge to woh case karegi magar usko prove karna padega. Sirf keh dene se nahin hoga.
1. Divorce suit is proved on affidavits of respective parties.
2. The friends or family members of respective parties are competent witnesses to prove or disprove mental cruelty.
3. If she files dowry harassment cases then you should apply for bail which is easily allowed after which there is no problem left in that case.
Good luck.
Aapke pass recording hai ki koi dowry and domestic violence nahi kiya. Eshe aur evidence ikhatte karo aur wife se bhi ki uska bf aur dhamkiya jhoota case karne ki. Aur ye bhi record karwao ki jab bf hai jiske saath physical Hui ho to tumse shaadi kyu ki ?
Ye sab evidence kaam aayenge to prove your innocense aur divorce me bhi kaam aayega aur kuch nahi dena padega.
Use ghar me mat aane do aur aapki mother ki properties me wife ka koi share nahi hai aur na hi wo mother in law ki property me ghus sakti hai.
Agar usne dowry ka case kiya to aap k byaan aur unke byaaan air sabooto se ye sabit hoga ki case sacha hai ya jhootha...
Aagr vo case karte hai to aap ko case ladna padega..
Agar uske sath aage relationship mahi rakhni to aap ye lockdown khatam hone k baad divorce case kar sakte hai...
Lekin vo bhi aap k upar 100% kharcha lene ka aur dowry ka case karegi.
Tumhari mother ki property nahi maang sakti vo....lekin jo shadi m kharcha hua hai vo dena padd sakta hai
1. kyunki abhi tumhari shadi ko ek mahine se bhi kam samay huve hain to filhal divorce to bhool jao,
2. sabse pahle to apne ghar ke bade/bujurgon ko lekar apni patni/sasural walon se baat karo aur yadi patni apni galti manti hai aur bharosa dilati hai ki aisa kabhi dubara nahin hoga aur tumhein lagta hai ki ek mauka dena chahiye to mauka de sakte ho,
3. yadi tum chahte ho ki talaak hi lena hai to filhaal use samjha bujha kar uske ghar bhej do aur 2-3 mahine ke baad ghar basane ka (section 9) ya divorce ka case daal do,
4. jab tum case file karoge to vo bhi maintenance, dowry act, gharelu hinsa ka case dal sakti hai,
5. RCR (section 9) ka case maintenance, dowry act, gharelu hinsa ke cases se bachaav karega,
6. kabhi bhi RCR ko vapis utha kar talaak ka case daal dene,
7. uski aduletery ka proof agar koi ho to talak aasani se ho jayega
Respected sir ...
Aapane jo bhi chij bataiye vah Aaj kal ke liye ek normal situation hai aajkal aisa hota hai ki shaadi ki just bad wife deny karti hai ya husband denay karte hain Ki ha mere past me Mera boyfriend hai lekin ise tackle karne ka solution of situation hai vah sirf yah hai ki hamen usko yakin dilana hoga ki ham tere sath Hain aap usko yah boliye ki main tere sath hun aur tere ko jab tera man kare to Apne boyfriend se jaake mil usmein vah friend ho jayegi bilkul friend hogi to koi Na koi gadbad karegi Jaise matlab aap kya call karke dekhe gi usmein aapke aur uski recording karni hogi ho ....for vo kosis kregi us se millne ki ....vo sb apke liye evidence h ...agar aapne vo sb collect kr liya to koe issue nhi for Na hme property dene ki jrurat na pase .....agar aapko koe evidence collect krne k bare m puchna ho to aap mujhe call kr skte h ...I have tackled alot of cases of these kind...
Thank you
Your marriage is not even one month old, hence you may have to wait for at least one year to file a divorce case against her.
You cannot even file an annulment petition to annul your marriage without evidence.
Her voice recordings about accepting the relationship with her boy friend cannot be admissible as evidence in court.
If they are trying to take revenge on you and your family by filing false criminal complaint for dowry harassment and cruelties, you first obtain anticipatory bail and then challenge their false cases in the trial proceedings at a later stage.
There is no danger to your employment just because she has given a false complaint against you but make sure that you obtain anticipatory bail.
For the present you do not do anything, remain silent, let the lock down be lifted and the things return to normalcy after which you can take a decision in this regard, however do not allow her to enter inside yor house if she poses suicidal threats.
Since she left for her maternal home leaving her matrimonial home and refuses to return and also there was no relationship between you both ever since marriage, you can file an annulment petition seeking to annul your marriage for the reason 'refusal to sex', but you may have to wait at least three to six months to file the petition on this ground.
If they are trying to take revenge on you and your family by filing false criminal complaint for dowry harassment and cruelties, you first obtain anticipatory bail and then challenge their false cases in the trial proceedings at a later stage.
1. You can file divorce only under exceptional circumstances where one year of marriage is not completed as per Hindu Marriage act.
2. So it will be better you file case for annulement of marriage on ground of fraud and concealment of facts.
3. So recording apke paas h wo aap sambhal kr Rkho apke kaam ayegi agar wo case file krte h to pr abhi unko mat batana ki apke paas recording hai.
4. Agar wo maintenance k liye case krti h to apko monthly maintenance deni padegi jo apki or apki wife k earning capacities k upar depend karegi. Property me se koi hissa nhi dena pdega.
5. Or agar aap kisi tarah ye prove kr skte ho ki apki wife kaa boyfriend h to case apke hak me jaldi decide hoga.
You need to be separated for 1 year before divorce. Maintenance depends on case to case basis your income and your expenses
It is less than one month !!!
Under no circumstances, divorce will be granted before completion of one year of marriage.
However, under "Exceptional Hardship to the Petitioner or of Exceptional Depravity on the part of Respondent" under such circumstances the Court upon satisfying may consider your representation.
You can file the application for divorce under grounds of mental cruelty.
You can use the audio recordings you have to establish your case and her comments / threats amounts mental cruelty for which you are entitled to divorce.
You can also file for annulment of marriage.
Wife has no right to ask for share in property of husband's parents.
Response to your second post:
To prove her refusal to have sex, you can use her reply of refusal to have sex to your SMS, WhatsApp / Audio recordings etc.
If such action to file false dowry case is planned by her, then obtain Anticipatory Bail, if it is not given.
Immediately upon filing of the case, the police will issue notice to you, before going to police you obtain Bail.
No need to worry. Meanwhile, you collect and retain as many proofs as possible to support your case.
Dear Sir,
Divorce Laws in India
Divorce is the legal dissolution of marriage. A divorce is among the most traumatic misfortunes for any couple. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce one should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years.
Since India is a land of varied religious communities having their own marriage laws, the divorce procedure too varies, according to the community of the couple seeking divorce. All Hindus as well as Buddhists, Sikhs and Jains can seek divorce under the Hindu Marriage Act 1955. The Muslim, Christian and Parsi communities, on the other hand, have their own laws governing marriage and divorce. Spouses belonging to different communities and castes can seek divorce under the Special Marriage Act, 1956. There is also the Foreign Marriage Act 1969, governing divorce laws in marriages where either partner belongs to another nationality.
With the advancement of time and social awareness, several acts have been passed by the government to make the present day divorce procedure in India more progressive with respect to gender affairs and related sensitive issues.
Divorce laws in India are broadly categorized into ‘Divorce by Mutual Consent’, ‘Contested Divorce’, ‘Void Marriages’, here is a detailed overview about each of them.
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
Certain common questions about divorce with mutual consent have been answered below:
When can the divorce by mutual consent be filed?
The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.
They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.
Where to file the divorce petition?
In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.
How to file divorce petition by mutual consent? What happens in the court?
The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?
During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.
In such circumstances, the court grants no divorce decree.
What can the other partner do under such circumstances?
There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.
In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
Can the spouse consent for remarriage without getting divorce from existing partner?
Remarriage without getting divorce is a punishable offence with seven years’ imprisonment.
If either of the spouses is not heard for a long time, should the divorce be applied?
If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.
When the divorced persons can remarry?
Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.
What are the costs involved in getting divorce by mutual consent?
If you hire an advocate, it will be somewhere from Rs25, 000 to Rs75, 000.
But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.
How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?
It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
Cruelty
Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery
In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
Desertion
One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
Conversion
Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
Mental Disorder
If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
Communicable Disease
If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.
Renunciation of the World
if the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.
Presumption of Death
If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.
A few common questions about divorce without mutual consent have been answered:
What are the various steps involved in seeking a contested divorce?
With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
During the settlement phase, spouses are often unable to resolve issues. Although the divorce judge may encourage spouses to work things out, when that doesn’t happen the next step is divorce court.
During trial, both spouses present witnesses, and their lawyers cross-examine the witnesses and present closing arguments. After trial is over, the court will issue a final order memorializing all of the judge’s decisions, and finalize the divorce.
What are the various documents required to file petition for a contested divorce?
What is the cost involved in getting a contested divorce?
Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it is fought, therefore, a divorce may cost anywhere from the low ten thousands to lakhs of rupees.
What are different constraints regarding the alimony?
The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.
Various constraints determining the alimony are:
What are the provisions relating to child custody?
Courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non-working mothers are regularly given custody of their children, but fathers are expected to provide financial support.
Following are the grounds which shall render a marriage void or the court shall deem it to be illegal are:
Bigamy
None of the parties to the marriage shall have a spouse living in the time of their marriage. If either of them has a spouse alive from an earlier marriage, their subsequent marriage is no marriage in the eyes of law. It is void ab initio and non-existent.
Persons falling within degrees of prohibited relationships
Lineal ascendants are to be seen from both sides, i.e. from the father’s side as well as from the mother’s side. So both the father and mother are lineal ascendants fall in degrees of prohibited relationships.
Sapinda relations
Sapinda relations can be illustrated as under:
Suppose A is a boy. Now if he is considered as one generation, relatives falling in four more generations upwards from him from the side of his father shall be his Sapinda relations. Therefore, A’s father, A’s grand-father, A’s great grand-father and the father of A’s great grand-father shall all be A’s Sapinda relations. But on the mother’s side, this chain is to extend to only three generations which include A. Therefore, A’s mother and A’s maternal grand-mother only shall be A’s Sapinda relations from the mother’ side, A himself being one generation. Marriages made up of such relationships are void.
A few common questions about void marriages have been answered below:
What are the provisions relating to maintenance of the wife?
Another significant question that now arises is whether the wife whose marriage is void under section 11 of the Act can claim maintenance from her husband of that void marriage. The Supreme Court has held that where a marriage is void, wife cannot claim maintenance under sec. 488 .However it is a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec. 18 of the Hindu Adoptions and Maintenance Act and also under section 24 of the Hindu Marriage Act.
Are the children born from void marriages legitimate?
Hindu Marriage Act 1955 confers legitimacy upon the children born out of void marriages. It provides as under:
Hence the clear effect of section 16 is that if a child is born out of a wedlock which is subsequently declared to be null and void, that child will not be considered illegitimate but he shall be considered legitimate despite the marriage being illegal from its inception. The section provides a cushion to the children of void marriages and prevents them from being penalized.
You can not file divorce within one year of marriage.
Best to file a case to nullify the marriage on ground of fraud as to material fact concerning your wife that is concealment of her relationship with other guys before marriage .
First send a legal notice to her to resume matrimonial relationship. Her response would reveal her intention which would help in pursuing further course of action. She may file false criminal case against you and your family. Beware!
agar aapki wife ne complaint darj kiya ho to police aap ko notice jari karegi.
aap ko anticipatory bail ke liye apply karna hoga. .
apne area ke kisi local family lawyer se consult kare.
Divorce file karne ke liye abhi ek saal rukna padega. Apne jo recording kar rakhi hai usko aap samhaal ke rakho. Agar wo apke ya apke family ke against koi jhootha mukadma karti hai to us sa,ay ye recording kaam aayegi. App ke parents ki propety mein aapki wife kuch bhi claim mani kar sakti. Police ya court aapke khilaaf koi bhi action lene se Pehle aapko sunwai ka poora mauka denge. No need to worry.
Apke wife ki false omplaint pe Police aap pe seedhe koi mukadma nahi likhegi. They will hear you also.
Dear Sir,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further , under Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
- As per law, in case the wife is equally capable to work and sustain herself then she is not entitled to claim maintenance/alimony from her husband.
- Further, Wife’s income/education has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386.
- No Interim/Maintenance for Capable,Working Women , as per judgment passed by Madhya Pradesh High Court , (INDORE BENCH) Civil Revision No. 1290/99 Decided On: 24.03.2000, Appellants: Smt. Mamta Jaiswal Vs. Respondent: Rajesh Jaiswal, Hon’ble Judges:J.G. Chitre, J. Acts/Rules/Orders:Hindu Marriage Act,
- Hence, it is not mandatory , that she will get alimony under the circumstances as you mention herein.
- Lodge a complaint/information after stating all the facts as you mentioned herein , and thereby mention that she is threatening to implicate you and your family members in false cases of dowry.
- Further , a wife has not right to claim over the property of her husband or in-laws during the life time of her husband.
1. Under Hindu Marriage Act a petition for divorce cannot be filed before a year from date of marriage.
2. If she has left the matrimonial home then serve a legal notice to her.
3. FIR may be filed under 498A against you on her complaint, in which event you should apply for anticipatory bail.
4. Under the present law, a woman has no share in the property of her husband or in-laws.
