what about your husband is he ready for divorce
Issue with marriage
I am married for a year and a half. Mine was an arranged marriage. I was not happy with my husband from the very beginning and wanted a divorce but I came to know I cannot file a divorce case before completing a year of marriage. In the meanwhile I got pregnant which was against my wishes and was kind of forced on me.Now I have a baby as I didn't wanted to go for an abortion. But I still want a divorce. My parents are not supporting me . Please help as if I have to live like this I might commit suicide. During this period of pregnancy one of my childhood friend helped me a lot.i want to spend my rest of life with him.his family is very supportive. Please help and advice how can I get out this marriage with my baby and be with my friend.
Asked 10 years ago in Family Law
Religion: Hindu
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6 Answers
If your husband also wants divorce then file MCD petition if he is not then you may file divorce and he would contest but such proceedings will take longer.
If your husband is also willing for divorce then go for Mutual Consent Divorce. If he is not willing for MCD you have to go for contested divorce. You say that from the very beginning you were not happy with your husband. Can you elaborate more on that and the reason why you want to divorce your husband.
1)for the sake of your baby forget your boy friend and try to save your marriage .
2) contested divorce petitions take 5 years to be disposed of .
3) if your husband is willing then go for divorce by mutual consent
1. There is no valid reason for you in seeking decree of divorce,
2. However, divorce suit can be filed on various grounds like cruelty which you shall have to prove,
3. If he does not wish to give you divorce, the case may continue for at least 4 years in Kolkata Courts,
4. You can talk to him amicably and file mutual consent divorce application after completion of one year of marriage,
5. A note of caution, your childhood friend may not stay supportive to you later on,. what will be the situation with your daughter at that time?
6. Look before you leap.
1. The on year time restriction is general rule.
2. if there is urgency you can file suit for divorce even prior to that provided the court grants you liberty to proceed with it.
3. if you want some one else as life partner then better convince your husband to go for mutual divorce.
