Me and my family were denying from this marriage. Even didn't take a single of dowry, and also expand on marriage from my pocket. Also took responsibility of barati from the both side. I even said to that girl and her family that I don't want to do marriage, even with relatives pressures I had to do marriage. Still I tried to manage this marriage but this is not working. I feel cheated. My wife always be ill even I went to the doctor but all reports are ok. And her behaviour looks completely mad. It's been 6 months and I haven't talk to her since last 4 months. I want to divorce . What should I do.
1. If she is ready for mutual consent divorce then both of you may file a joint petition under Section 13B which takes only 6 months to materialise.
2. However, if she does not agree to mutual consent then you will have to file a petition for dissolution of marriage unilaterally on the ground of cruelty.
If I go with second option how much time it should take approx. And what are the terms I have to face during. And what it will take.
Contested divorce takes around 2 years.
Take your wife to psychiatrist
2) she may be suffering from mental illness
3) if wife has suppressed facts about her earlier illness file petition for anullment of marriage on grounds of fraud
4) you can file for divorce on expiry of one year of marriage
1. See firstly you can talk to your wife and you both may with permission court apply for the mutual divorce if same doesn't work out you have option to apply for contested divorce on ground of cruelty..
1. Contested divorce may take 2 years or more in case your wife contest same also before completion of 1 year of marriage you have to file divorce with permission of court.
Before you file divorce you must wait for another six months, as you cannot file a suit before one year from the date of marriage.
Well the illness of your wife is no ground to seek divorce.
You did a gross wrong by marrying a lady on pressure of your family and then not finding her suitable trying to divorce her.
So work this marriage out. Its the love and affection which alone works and not the beauty or conduct in general.
Hello,
You can either opt for contested divorce or mutual consent divorce. You can send a legal notice for initiating Divorce.
1. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
- 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.
The easiest and fastest way for getting divorce is mutual divorce, i.e. you will have to take the consent for filing a petition for divorce mutually .
- But, if she refused , then you can file a divorce petition on the ground of cruelty and above mentioned ground .
- If you will file divorce petition , then it can take one to two years at least , but later on it may convert into the mutual divorce as well.
- Further , if you will file a divorce case against her , then she may ask for maintenance/alimony from you.
Dear Querist
if the marriage was solemnized before one year then only you may file a divorce petition against your wife and not otherwise.
if there is any cruelty committed by her upon you then you may file a divorce case under section 13(1)(ia) of Hindu Marriage Act-1955 before the family court.
if there is any exceptional hardship then you may file the divorce petition even before completion of one year of the marriage under section 14 of HMA.
Feel free to Call
Mutual consent divorce will take about 1.5 months
Another contested divorce case will take 2 3 4 years to complete
You should wait for a period of 6 months as befire that you cannot file divorce. After that file a divorce case.
If she is ready to give you divorce it will take 6 months. If she isn't ready then file a case of divorce against her to declare marriage null and void as you were not ready to marry her but were under pressure to marry.
File a contested divorce in family court. You need first show 1 year separation before divorce
Legally speaking you have to wait for one year to complete your marriage for applying to get divorce from Court of Law.
Count from the day month and year of your marriage and wait till it gets completed one year.Next day you may move before the court for filing petition for the divorce on cruelty ground or health care ground which would definitely help you to get divorce from the Court of Law as envisaged in the process and provisions of the Statute.
If you feel that it will not be possible or feasible to continue this married life with her for the reasons you strongly believe, then yo can ask her to agree for mutual consent divorce.
If she is not agreeing for that then you can plan to file a contested divorce case on the grounds of cruelty.
If your marriage is one year or more older then you can file the proposed divorce case or you may have to wait for one completion of your marriage.
Your subsequent query is vague.
However of you have decided to wait and apply for divorce, the time taken for disposal of divorce proceedings cannot be predicted owing to various factors involved in it.
You may discuss with a local advocate and proceed on the suggestions made.
You can apply for Divorce on mental illness and your In-Laws had not provided you any information regarding this kept all information hidden.
So on this ground all false fraud and misrepresentation performed marriage.
Mental disorder can become a ground for filing a divorce if the spouse suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together. You need to prove that the mental disorder is standing in the way of a happy married life and affecting your health and career.
contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months
1. You shall have to wait for completion of one year for filing divorce suit against her on the ground of cruelty.
2. Alternatively, you can negotiate with her and jointly file a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date or its filing.
3. Apart from the above, you can also file a petition praying for annulment of your marriage on the ground that the vital information that the bride has mental disorder has been suppressed from you while availing consent for your marriage and had it been made known to you, consent for the marriage would not have been given by you. This petition can be filed immediately since it shall have to be filed within one year from the time of your coming to know about the fact which you claim that was suppressed from you.
1. For mutual consent divorce, it will take 6 & 1/2 months from the date of its filing.
2. For contested divorce the time can not be forecast. It could take 2 to 5 years depending on how your wife will contest.
3. Annulment of marriage might take 12 to 18 months if you can produce sufficient evidence in support of your allegation.
1. You can file case for annulement of marriage under section 12 of Hindu Marriage act on ground of forged marruage and non consummation of marriage.
2. For divorce you need to wait for completion of one year of marriage because case will not be maintenable before completion of one year as per section 14 of Hindu Marriage act.
