Hi, I wanted to have some legal advice on steps I can undertake to gain a divorce from my wife. Also information related to alimony and settlement would be helpful please. We got married in 7 Feb 2022. It is an arranged marriage through online portals. However after 3 months it has been absolutely difficult (next to impossible) to stay with my wife. We have been living with my parents since the wedding day. Her behaviour towards my parents has been absolutely terrible. She doesn't speak to anyone and only responds curtly when spoken to. In private she picks fights with me over petty issues (misconstrues anything my parents say or do and makes issues, takes offense on things like why I didn't inform her when I decided to purchase a bicycle with my office allowance) and refuses to listen to any reason. These fights have started occuring with increasing frequency and I don't see her stopping any time soon unless everyone simply gives in to all her demands. I have tried to understand her situation and even acquiesced to some of her demands but I don't think this is a healthy relationship. She tries to manipulate me into leaving my family and staying separately with her even after I let her know that my mother's health is not well enough for me to do so. I don't think this will last and I wish to separate. And hence I wanted legal advice and information please. A few details My income - around 1.9 lacs per months after tax Her income - around 80 thousand per month after tax (estimated based on information provided on matrimonial site; we don't know our exact incomes) My expenses - 60k per month for EMI, 30k per month for family related expenses and around 15k for EMI on furniture and related Her expenses - nothing on my family. Unlikely to be anything in her family since her Father earns a well enough patient My family - My Father, Mother. Father has his own CA firm but earning is not regular Her family - Her Parents, Her brother, sister in law and their kid My additional property - A house (separate from my parents' house) for which I have a loan and pay the mentioned EMI She has multiple SIPs and ULIPs that she has invested on (more than 10) Further, we have been intimate but have not consummated our marriage yet and of course no children or plans as such. I am not sure if wife will agree to mutual divorce. In either way (mutual it contested) please let me know a few things. There was never any kind of dowry. Her parents provided some furniture as wedding gift even though we never asked 1. How to proceed with divorce? 2. How to safeguard ourselves against false allegations of dowry/ DV 3. Given our finances and the fact that she can maintain herself well financially do I have to pay Alimony 4. Is there any way to fast track the divorce and waive off the one year period Thanks.
You can file for divorce on expiry of one year of marriage
2) file for divorce on grounds of mental cruelty
3) rely upon messages exchanged with wife ,audio recordings to prove mental cruelty
4) in event wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
5) since wife is highly qualified and working she may not get any alimony or maintenance
6) contested divorce proceedings take 8 years to be disposed of
1. Since you got married only in February of this year, it's only 3 months' of marital life. To apply for Mutual Consent Divorce, you should have completed one year of marital life and should have lived seperately for one year.
2. To defend against false allegations of dowry and domestic violence, counter it with evidence and apply for Anticipatory Bail, if the situation demands so.
3. If she's earning less than you, you may have to pay alimony. However since the duration of marriage is very brief, paying alimony may not arise.
4. If there's ground for Annulment of Marriage, like non-consummation, as in the instant case, you can apply for the Annulment anytime now.
1. You can file mutual divorce if she agrees which is easy task else file contested divorce.
2. Take anticipatory bail if any false complaint is filed against you.
3. You can oppose her alimony application on above ground of she being financially well
4.only 6 months period can be waived in emergency conditions
Section 13 of Hindu Marriage Act, 1955 provides for divorce on following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
No second marriage till you get divorce.
1. You cannot file a divorce cae before completion of one year of marriage, even if it is contested one.
For mutual consent divorce you both should have lived separately away from each other for a period of one year or more continuously
2. Since you say that they are false in nature, you can challenge them in court of law when there is a false case filed against you.
3. You can challenge the same on the basis of her own income and repudiate the maintenance claim.
4. If the marriage has not been consummated then your can file an annulment petition seeking to annul your marriage by a decree through court for the same reason which can be filed within one year from the date of marriage/.
Dear Client,
You can file for divorce on the grounds of mental cruelty or you can file for mutual divorce if your wife agrees. When it comes to alimony you can prove that she is financially stable.
- 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.
1. As per law , for mutual divorce , there must be separation period of one year , and hence you cannot proceed with this even she agree for the same.
- Hence, you can file a divorce petition before the family court on the ground of cruelty and above mentioned grounds.
2. You can file a compliant as information before the police and higher official after mentioning all the facts , and further mention that she is threatening to implicate you and family members in false cases of dowry.
3. If you having proof of her income and status , then she cannot get any maintenance/alimony from you.
4.Yes, you can move application before the court at the time of filing the petition .
Divorce petition to be filed only after one year of marriage. In case of extreme hardship permission can be obtained from court for early filing of the petition.
No save guard is necessary for false case . Keep things informed to police in case of any threat by other party to police by written communication .
When she is able to maintain herself she shall not be eligible for any maintenance. If family court sanction maintenance that can be challenged in higher courts.
1. First of all collect all evidence of her earnings and savings since you may not get chance to collect the same once the legal battle starts. Also collect evidence of her cruel acts on you and/or your parents. Audio & Video recordings are considered as valid digital evidence. You can secretly install CCTV camera to record all her cruel acts. Under no circumstances react to any of her cruel acts.
2. To avoid DV case take up a new tenanted accommodation as desired by her but make the leave and licence agreement in her name. Get shifted to the said new accommodation strategically. If the house where you are staying stands in the name of your parents, they should file a case against her alleging torture and thereafter file an application under Order 39 Rule 1 & 2 praying for an order restraining her in entering in to the said house of your parents. This will save your parents and you from being tortured by your wife while staying with you in the same house and eating with you. Thereafter you can file a divorce suit on the ground of cruelty.. Do not establish conjugal relationship if you have decided to divorce her.
3. Though there is no law for fixing the amount of maintenance, ordinarily, the Courts fix 1/3rd to 1/4th of husbands net salary towards the maintenance amount for the wife. In the instant case, your wife is not entitled to any maintenance since she is employed and can maintain her own self but you shall have to submit evidence of her earnings.
4. You can file a divorce suit now it self on the ground of cruelty. The one year bar is applicable in case of filing mutual consent divorce petition and not in case of contested divorce petition.
A few follow up questions please: 1. Is there any way to judicially or legally go for separation prior to divorce? Since one pre-requisite of divorce is living separately for year, how to separate if wife doesn't want to leave my house? 2. In case of contested divorce, is there any way to fast track things? What steps can i take to fast track proceedings? 3. What kind of evidence should i gather in order to help my case in case of a contested divorce (points on my favour for divorce, against allegations of cruelty, ask of alimony and maintenance,) 4. What is the process to initiate a divorce in case it's not mutual and what steps need to be undertaken ? Can i initiate divorce on grounds of cruelty in my case? 5. Can she use any kind of law or legal provision to force me to stay with her even if i don't want to or feel that the marriage is over? Can any court or law force me to stay with her even if i don' want to ?
You can file for Judicial Seperation post marriage without waiting for one year in the jurisdictional competent Court under cruelty and mental harassment grounds.
1. The pre-requisite to stay separately for one year is for mutual consent divorce and not for contested divorce. You can stay in the same room and file contested divorce suit on the ground of cruelty any time after marriage.
2. In case of contested divorce, your advocate shall have to manage the Court Officer to fix earlier dates. Divorce decree cannot be passed with out hearing both the parties and no step can be skipped.
3. You shall file the divorce suit on the ground of cruelty. So, you shall have to collect all the evidence of her cruel acts on you and your parents in whatever form you find. False allegation is also considered as an act of cruelty.
4. Yes, you can file a divorce suit in India on the ground of cruelty submitting evidence in support of your allegation. The precautionary steps which you should take and the evidence you should collect before filing the divorce suit has been informed in my earlier post.
5. No Court can force you to stay with her if you do not want to. However, she is entitled to stay at the house where you are staying. This is the reason why you were advised to take up a new accommodation on rent in her name keeping in record that she forced you to desert your old and ailing parents, and the said act of her will be considered as cruelty on you.
1. You can file a petition before the concerned court a petition under section 10 of the Hindu Marriage Act seeking judicial separation.
2. There is no provision for fast tracking the divorce case, all the cases have to undergo the same procedures of law.
3. You may have to collect the evidences to prove and establish her acts of cruelty if you file a contested divorce case on the grounds of cruelty, however you may please note that you can file a contested divorce case only after completion of one year of your marriage.
4. Yes, you can very well initiate the divorce case on your own but the conditions apply.
5. She can ask for residential rights by filing a domestic violence case and can stay in your house on the basis of court order for residential rights granted to her.
However no court can force you to live together with her against your willingness.
She cannot force you to cohabit with her if you deny that.
Husband can stay in separate flat
2) no fast track of proceedings as lakhs of cases are pending
3) rely upon messages ,audio recordings,police complaint if any filed to prove allegations
4) you can file for divorce on grounds of mental cruelty
5) court cannot force you to stay with wife
6) she can file petition fir RCR
Yes you can file application for judicial separation at family court
Yes but in contested the chances are less
Need to study your entire case details for the same I'm detail
Contested divorce if no mutual divorce there is no third option
She can file RCR petition but the same can't force you
Dear Client,
File for judicial separation post marriage.
1. No, you cannot get any such direction of separation , however you can file a divorce petition even both are living under one roof on the ground of redundant relationship.
- Further, you can also move an application for waiving the limitation period of filing the divorce petition as well.
2. You can move an application for finalizing the case on urgent basis , and if rejected by the family court , then you can approach the High court for the same.
3. Against her cruelty , all the facts which you have mentioned herein.
4. Yes, you can file a contested divorce case on the ground of cruelty , which makes your life a hell.
5. court cannot pass a decree for forcing you to join the matrimonial life with her.
Dear Lawyers, thank you for replying to my queries. I see many lawyers saying that contested divorce makes life hell. But in case staying together is not an option, contested divorce will need to happen. 1. Need some guidance on how to proceed for such contested divorce. What steps do I need to take from now on in order to make the process smooth as much as possible? 2. In case we stay under the same since she might not be willing to move to her own house (and I don't want ugly fights) will that be considered to be living separately? What evidence do we have to present in order to show that we have lived separately even if it is under one roof? 3. What kind of evidences do I have to present to get a contested divorce? 4. Why are contested divorces such time taking? If the court can't make me stay with her against my own wishes (as mentioned by some honorable advocates here), what is the major reason for such delay and is there any way to make this process smooth 5. I don't think this marriage will last because there is no understanding, no compatibility, ugly fights and arguments over trivial issues (and every time I have stopped the fight by either not responding any more or removing myself from the room. Every time it was me that reached out post fight to make right of the situation). Can't go on like this. What advice would you give me since it is not 1 year as of yet and it is already falling apart.
You can file for divorce on grounds of mental cruelty
2) enclose documentary evidence that proves mental cruelty
3) you can rely upon transcripts of audio recordings , messages exchanged with wife to prove mental cruelty
4) staying in separate bedrooms would mean that you are staying separately even though under same roof
5) contested divorce cases take time because of huge pendency of cases
6) file for divorce on expiry of one year of marriage
1. Send a notice through lawyer and file divorce.
2. In contested it's better you stay separate and not in common house. Or take a order of judicial separation from court
3. Need to decide after studying your case in detail
4. Because it's contested both parties fight in every issues
5. Taking divorce is only option
1. There is nothing you can do about it once the case is pending before court, I.e.,smooth or rough proceedings, you have to face it.
2. You can just mention in your pleadings that you both are living separately under the same roof in the petition seeking divorce.
3. You can rely upon the reasons which prompted you to apply for divorce.
4. The court cannot force you to live with her against your willingness even though she will be granted residential rights to stay in your house, you can decide to live separately away from her.
5. You can't file divorce case within one year from the date of marriage.
But you can stay away from her elsewhere to avoid frequent quarrels with her until you get divorced.
Dear Client,
Divorce petition can be filed after one year of marriage. if she is ready to give divorce, divorce petition with mutual consent can be filed with in 6 years of marriage. in general, contested divorce will take 3-5 years of time for the final order from the court. any call recordings or text messages in which she have mentioned anything about living separately or any such thing can be an evidence in the court.
1. Collect evidence of her ill behaviour and cruel acts by audio /video recording the incidences as suggested earlier.
2. For filing contested divorce case, you need not stay separately.
3. Evidence of her misbehaviour &* cruel acts as suggested above.
4. Passing of judgement requires going through several legal process including ghearing of both the parties. Moreover, the load on the Court delays the matter. You can stay at other place if you so desire. Till divorced, she is entitled to stay at the place of her husband.
5. File a contested divorce case after collecting evidence as suggested above.
1.You can file the divorce petition on the ground of cruelty and other mentioned grounds, and further you can move an application before the court for finishing the trial within a fixed time frame.
2. You will have to prove before the court that there is no relation as husband and wife , even after living under one roof.
- As per the Supreme Court , “The parties may live under the same roof and yet may not be living as husband and wife. The parties should have no desire to perform marital obligations”, then even after living under the same roof, they can file a divorce petition , because marital relationship/sexual relationship is necessary for living together.
3. The evidence of failed relationship.
4. Due to burden of the Court , and also , the contested divorce , both the parties will be given chance to produce the evidence in support of their allegation.