• Divorce needed

Hi,

After three months of marriage my wife left home without informing. From starting she used to mention that she was not interested in doing these marriage and by force she did. She used to intentionally fight with me always. 

Before day we had a argument on following matter, that my mother has to leave home and she has to live some other place
.as she don't want to live with her in same house. My mother is a very old and due to some medical condition for which 24/7 attention needed, she is living with me after my father passed away. I denied and next morning when I went to oiffice her Uncle Came. And took her as she said to all my in-laws that I am harassing her. 

We had a initial family discussion and in that they said she don't want to come and she will commit suicide if she comes to my home and had a heavy argument among All. I thought better to give some time and later ask her to come back. But after our initial meeting they had spread rumors and bad things about me and my family to all the people.this is where I got too distributed. Then I decided after this incident I don't want to continue with her. 

All discussions completed and as before 1 year divorce can't be granted we thought of waiting till time comes.

Don't know again she started I will come. Back.again we had a family discussion and as usual it was. Mess, and in that meeting I got to know she was not at all interested and due to some reason her family is pressuring her to come here. 

My Questions :
1) I am. Not at all interested in getting her back. If I apply for divorce after 1 year will divorce be granted? 

2) is there any money I need to pay her, because marriage is not consummated. This was said by her in all family meetings.

3) any legal action will be taken on me for asking divorce and does it will impact on my future career? 

4) how will financials will be finalised by court? 

5) any open suggestions please share.
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

File for divorce on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

 

3) wife refusing to have sex amounts to mental cruelty 

 

4) it would not impact your career 

 

5) you will have to pay her alimony or maintenance 

Ajay Sethi
Advocate, Mumbai
99961 Answers
8158 Consultations

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 

She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony.  

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. Yes, press for divorce on the ground of cruelty. Wife Forcing Husband to get Separated from Parents is Cruelty

2. Has to be paid in case she seeks alimony from you in the court and the court awards the same.

3. Not at all. It is your personal decision.

4. If this bothers you, try convincing her for a mutual divorce. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If marriage is not consummated then you can go the divorce because after three months of marriage you both are living sepearatley.

 

And you need not pay any alimony because problem is not from your side the problem is from her she who do not want to live with you and your family. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You can opt for Annulment of Marriage as the marriage has not been consummated. There's no need to wait any longer to apply for Annulment of Marriage as you have to apply for the Annulment within 1 year of marriage.

2. Alternatively, you can opt to avail Divorce. Contested divorce takes more time. Instead of that convince your wife to agree for Mutual Consent Divorce which saves you time and money and mutually convenient and amicably resolve all the issues.

3.  In Mutual Consent Divorce, you can come to an understanding and settle all the issues like, assets, property, maintenance/alimony, etc.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

1. You can file a divorce suit against her on the ground of cruelty alleging that she insisted that you shall have to abandon your old and ailing mother if you want to stay with her. Sch claim by wife has been considered as an act of cruelty by the Apex court. You hall have to submit evidence in audio/video form in support of your allegation.

 

2. This is also a ground fro seeking decree divorce arguing that she has refused physical relationship till you abandon your old and ailing mother. For claiming maintenance from you sh shall have to file an application which you shall be able to contest.

 

3. Seeking decree of divorce is not a crime for which no legal action can be taken for filing divorce suit against your wife.

 

4. & 5. No financial matter will be dealt with by the Court at this stage when you shall prove that he has left your house of her own accord or your not abandoning your old and ailing mother. She won't get any amount.

 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

For the winding up of the marriage the boy has to pay alimony as fixed by the court along with the maintenance during the period the petition is pending with the court as you have already made your mind that you don't want to go with this marriage so you must be ready to pay maintenance amount in case it is claimed by petition under section 125 CRPC by your wife.

The matter of consumated of marriage is a matter of contest and medical examination So simply by claiming that the marriage has not been consumated will not be accepted by the court.

The divorce petition can be filed before one year after the permission from the family court in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

- As per Supreme Court judgement, 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.

1. If she is not interested to live with you , then you both can file a joint petition on the ground of mutual divorce , but if she refused for the same , then you can file divorce petition on other reasonable grounds. 

2. Marriage not consummated is good ground of divorce , as the said marriage is not legally sustainable if both the parties have not passed matrimonial life as husband and wife. 

- Since, she is not your legal wife, then she cannot claim any money from you.

3.  No, you have not committed any offence , then no impact on your career. 

4. Generally 1/4 th of your income , but there is possibility not to pay the same in your case , if you will contest the case efficiently. 

5. As above.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

1. You can fill divorce or you can also filled for annulment as she was or is not interested in the marriage and get pressurized from her family (does not have free consent).

2. If you file case for annulment of marriage, you might not need to be paid alimony or maintenance amount, as is depends on facts of each and every case of annulment. 

3. for divorce there in no legal action can be taken, but she has multiple options to file case against you like dowry or domestic violence. So, it is better to settle the matter in amicable manner and need not to be harsh or rude while having conversation. 

4. If your wife claim any financial assistance and court would agree upon it you have to pay it till she get remarry.

5. Make a settlement first out of the court with your wife. thereafter you can apply for mutual consent divorce of annulment of marriage if your wife also agree for the same. It is most speediest way to get free from the legal proceedings.

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

1. Yes, you should apply for the divorce. 

2. Yes alimony have to be paid. 

3. She may file DV complaint and maintenance case. But that would not effect your career. 

4. Based on spending in marriage. 

5. Get proofs of your favor ready

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You can file divorce case on the grounds of cruelty, it depends on how you strongly you prosecute your case with substantial evidences to prove your allegations.

The contested divorce case may run for years, hence you may have to be mentally prepared for that too.

The court will not grant divorce just when you file the petition.

You have to undergo the trial process as per law and court procedures.

2. She may have to file a maintenance case with documentary evidences to prove your income, after which you may have to refute her charges, the court after hearing both the sides may grant her monthly maintenance if she is not employed and do not have any source of income to sustain her expenses.

3. No.

4. Read the answer two above.

5. you can ask

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

You can file for contested divorce after one year of separation anytime

She may claim maintenance you can contest it after she files. 

No legal action on filing divorce

That depends on your petition and her reply if any. 

 

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

Dear sir, 

1. Her actions amount to grave metal cruelty. Divorce will be granted if you are able to prove all of this before the court. 

2. You will be required to pay if she claims maintenance/alimony. However, you can defend it by proving that she is herself staying separately without any sufficient cause. Consummation of marriage does not play a major role and it is difficult to prove. These factors might help your case in paying reduced amount.

3. No. Seeking divorce will not affect your career. 

4. After taking into consideration financial status of both the parties and looking into all the circumstances of the case. 

5. Try to collect all the evidences before initiating legal proceedings. Record and save all the conversation, chats, bills, photos etc. 

If possible, go for mutual consent divorce. It will be easier and quicker. You can move on in your life soon. Contested divorce can take 3-5 years. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Yes,Definitely you have all provisions of law which would protect you and your family from erratic and misdemeanor act of your wife.

You Please issue legal notice to her parents describing all the facts and next steps for seeking divorce as per the law.

1- The answer is yes.

2- Yes, she may ask maintenance and alimony even marriage is not consummated .

3- No. You have right to seek divorce under the present scenario and circumstances. No problems. 

4- It depends upon your capacity to pay and her standards of living life with respect to food ,clothing and shelter. 

5- It seems she was having her interest in someone else before marriage. If you can produce evidence before the family court that she was having affairs before marriage and living in adultry after she married you then you would get divorce on the ground of adultry and without paying a single Rupees to her.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes divorce will be granted but if your allegations are found to be true by court after evidence.

2. You can file a case for annulement of marriage before by decree of nullity completion of one year on ground that marriage was never consummated and wife married under pressure of her family. 

3. Yes if they lodge FIR then it can have bad impact on your career. 

4. Maintenance and alimony will depend on the difference of earnings of husband and wife.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes the divorce would be granted.

Grounds should be non consummation and cruelty on the oart of the wife.

Alimony can be demanded by her but as she herself is not interested to come and live she has no right to demand maintenance and alimony.

 


Alimony will be decided based upon your salary and financial status.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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