• Divorce

We have been married for 2 1/2 years .after our marriage within a month her brother met with a road accident and unfortunately died.i work in indian air force as an airman.after my transfer to Hyderabad in November 2019 I asked her to start family.but she came to Hyderabad only in March 20 after after my repeated requests.after coming to Hyderabad she was repeatedly called by her parents.and she went home 4 times .during the time we lived together she was always unhappy,do not take any thing from me even fruits.she does not talk to me.she always maintain distance from me.sexual life happened just mechanical.she is my maternal uncle's daughter.before the marriage we did not talk to each other.immediately after the marriage I came to know the marriage was against her wishes.we have the age difference of 10 years.i feel very sorry for her.she has been always sad in my presence. I would like to give her divorce and compensation as per air force law.i don't want some one to suffer that much infront of me.
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

If your wife is willing for divorce you can divorce her by mutual consent 

 

2)pay her alimony as agreed 

 

3) mutual consent divorce takes around 6 months 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can go with Mutual Consent Divorce and prepare MoU accordingly the Air force Law mention all terms and condition in it. Because in future nobody shall face any consequences from each other.

 

If you want I can prepare Mutual Consent Divorce documents.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you want divorce then talk to her and proceed for mutual divorce.  The amount of permanent alimony is to be mutually decided wherein the law of the land has no role to play. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

As far as I understand there is no such specific provision for getting divorce in air force. 

You may convince her for divorce through mutual consent. make her agree to sign the mutual consent divorce deed and then file petition under Sec. 13(b) of the Hindu Marriage Act and seek decree of divorce with mutual consent.   

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

You can send her a notice for the same. But she can exercise her rights under various provisions for seeking her rights

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 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.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- If she is not interested to live with you, then try to take her consent for mutual divorce.

- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You can talk to her and also to her parents about this situation.

You can ask her to get rid of you by agreeing to file mutual consent divorce.

If at all any settlement is to be made you can negotiate with her or her parents and settle  the negotiated amount as agreed on the terms.

Contact a lawyer subsequently after getting a nod from her to file the mutual consent divorce, for carrying out the formalities in this connection.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Hi, If your wife is agreed for divorce, then both of you will go for mutual consent divorce.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

If you are in  a such mood think about mutual divorce.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

1. You are certainly a very considerate human being.

 

2. The ideal step for you should be to ask her as to what does she want.

 

3. You should also appraise her that divorce is the 2nd most stressful event in one's life and she never knows whether her next husband will be any better.

 

4. If she still wants divorce,  jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing. You shall have to mention in the petition that both of you are staying separately for more than 1 year.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

You can divorce each other through a mutual consent divorce petition filed in th3 family court. Engage a local lawyer.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir, 
it is suggested that Air Force law has no provisions as to divorce and compensation to wife rather you will be required to knock the door of the Civil/Family Court for the same. You are suggested to have a healthy discussion with her taking her in confidence and go for the mutual consent divorce if possible. If not possible, go for the divorce under the grounds of cruelty and non-cohabitation by her. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Dear Sir,

You may file Restitution of Conjugal Rights case against her under Section 9 of Hindu Marriage Act calling her to come back to perform marital duties and thus you can avoid maintenance which may she claim in future.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

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