• Divorce process for 1.8 years old unregistered marriage

Good evening, my friend got married to a guy in Jammu. Marriage is unregistered and troubles faced by her from her partner are as follows:

1. Aged 32, husband is professionally very weak. Has been unable to make a mark in corporate identity. He's been unable to find a job in the past 2.6 years, has been demoted in current role, on the verge of being asked to go thrice but got saved because his wife is in the same company at strong position. He's been given feedback to improve all this while, but no improvement.

2. Husband is a defaulter with credit card company and can't move abroad or apply for loans. He's been showing no interest in clearing his debts with the bank.

3. Husband has a very casual approach towards life and treats marriage as a live-in. 2.6 years of courtship and 1.8 years of marriage, he has not even bought a medical insurance for wife. He's been unable to secure present and has no inclination towards securing future. When asked, he says "I'll manage everything".

4. Wife's aged 31 and looking forward to family planning. Husband shows no interest in it as of now and says they can do it when she's 35+.

5. Husband earns more than 60+ a month, but goes bankrupt within 5 days from receiving salary. Has been unable to manage funds or get a job if salary is a constraint for him to survive.

6. Husband maintains double faces. Talks filth and cheap about his wife to third person, comes back home as if nothing has happened.

7. Husband has been disclosing confidential information about wife to his parents and wife's parents, and portraying to wife as if he's the sweetest person on earth.

8. Husband doesn't take ownership or accountability of any incident that has happened or happening around him. Put's everything on luck, cries and gives up. When given feedback to improvise, he accepts it on face but doesn't implement it at all.

9. Husband has been unable to strike that emotional connect with wife, in spite of the wife taking initiatives all this while to make things better.

10. Husband has been unable to fulfill his responsibilities towards wife and her family.

11. Husband doesn't take a stand for wife in family matters, puts the blame on her, and tells her he's waiting for the right time to take revenge. 

The reasons are far beyond the above. All of us have been trying to council the husband to change himself and have this marriage survive, but in vain. All of us have given up and the wife's in an extremely disturbed state of mind, with moving towards suicidal tendencies, and increasing dependency on cigarette and alcohol. We, with great difficulty, have been able to make her get rid of smoking weed and joints.

All of us have now concluded that divorce is the best option available to ensure that the wife doesn't suffer any further. 

Please confirm the process for mutual divorce and if husband is unwilling to give divorce, then the process to be followed. Wife is not looking for any benefit, maintenance from husband post separation or right in husband's ancestral property. All she expects is a separation and the jewelry her parents gave to her in her marriage. Please advice the process at the earliest. We may need your advice in person as well. Please share your contact details as well.
Asked 4 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
for mutual you need to file first motion and after that second motion after 6 months,but the condition is that husband and wife should be residing seperatly for the last one year and thus you get divorce in 6 months,how ever if not living seperatly for the last one year then an early  application  for divoce can also be filed,this is how you about it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

1)if your husband is agreeable go in for divorce by mutual consent . it wont take more than 7 months . for divorce by mutual consent under section 13 of Hindu marriage act it is necessary that both have been staying separately for 1 year 

2) if husband is not agreeable file for divorce on grounds of mental cruelty . if husband contests divorce will take some years to be disposed of 

3) you can in your divorce petition claim your streedhan ie your jewellery 

4) you wont be entitled to maintenance as you are working and earning a decent salary
Ajay Sethi
Advocate, Mumbai
45489 Answers
2673 Consultations

5.0 on 5.0

Ask a Lawyer

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