• Divorce before 1 year

Hi,

I got married in June,2015 in my hometown and shifted to Bangalore with my husband and in laws after marriage. My husband works in IT company and I am non-working. My in-laws have taken 5 lakh cash demand during marriage.After marriage,they have started giving me mental torture,abusing me and accusing me for any small wrong thing happening like black magic..etc. I don't have any physical relationship with my husband till now and I think he has some problems but in-spite of doing medical checkups, he is asking for divorce. From last 1 month i am staying with my parents and undergoing depression and mental torture. Finally I also have decided to go for divorce. Can anyone please answer the below questions considering the above background:

1)Can I get divorce before completing 1 year of marriage?Should I file petition in Bangalore or my hometown?
2)Should I report to Mahila Commission if divorce will take time as i want mental peace sooner?
3)How much money can I ask for settlement amount while filing the divorce as we belong to lower middle class family?
Any other advice will be appreciated.
Asked in Family Law from Bhubaneswar, Odisha
Religion: Hindu
1. No for divorce you have to wait till the month of June,2016. The suit fr divorce preferably mutual divorce suit can be filed in Bangalore or in your hometown.
2. If both you and your husband agree for mutual divorce then it takes mere 6 months only. If mutual divorce does not happen then you can file contested divorce suit which takes years of time. Mahila Commission has nothing to do with grant of divorce.
3.  Amount of money in divorce settlement depdns on mutual agreement of the parties and there is no law governing this.
Devajyoti Barman
Advocate, Kolkata
7265 Answers
81 Consultations

4.9 on 5.0

1)you can file for divorce on expiry of 1 year of marriage 

2) only in exceptional circumstances can you file for divorce  before expiry of 1 year

3) divorce can be filed wherein marriage was solemnised ie your home town or where you resided together after marriage ie bangalore 

4) you should ask your husband to return Rs 5 lakhs cash given as dowry 

5)you can seek maintenance from your husband as you are not working 

6) you have not mentioned what is your husband income 

7) we can only guide you as to money that can be claimed by you if we know your husband income 
Ajay Sethi
Advocate, Mumbai
28416 Answers
1542 Consultations

5.0 on 5.0

.1. Filing of divorce before a year from the date of marriage except if there is a case of exceptional depravity. It is better to wait for a year. The divorce petition can be filed by you where you reside.

2. Mahila Commission has no jurisdiction to intervene in judicial proceedings, so dont waste your time writing to it.

3. If there is an agreement between spouses then both of you may file for mutual divorce in which you can agree on any sum of money as alimony whereas in case of a contested divorce you can file a petition to claim maintenance for yourself,
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Hello,
1) Under circumstances you need to wait the completion of one year to file for divorce. You can file it either in Bangalore where you both resided after marriage as husband and wife or at your hometown where the marriage was held.

2) Mahila Commission is only a conciliatory body and does not have any judicial powers. You need to approach the court after completion of one year.

3) As you are not earning you can seek maintenance/alimony as a one time settlement. There is no regulation about the amount of alimony or monetary settlement. You need to arrive at a consent by discussion.

4)As he is seeking a divorce as well you can file for divorce by mutual consent after the expiry of one year of your marriage. You will be divorced by the decree from the court in 6 months.
S J Mathew
Advocate, Mumbai
2000 Answers
81 Consultations

5.0 on 5.0

Yes. You can file for divorce now. You can file for divorce either at bangalore or at your home town. 
You can ask for maintenance (upto 50% of his salary, upto50% of his properties(both self earned and ancestral) and also ask for return of all the monies/ jewellery  you have given at the time of your marriage.
You can also file a case against him and your inlaws under 498 A. 
You can also file a case against him and your inlaws under Domestic violence act. 
Rajgopalan Sripathi
Advocate, Hyderabad
995 Answers
73 Consultations

5.0 on 5.0

1)Can I get divorce before completing 1 year of marriage?Should I file petition in Bangalore or my hometown?
You cannot file divorce petition within one year of the date of marriage, it will not be maintainable.  However since you have stated that that you have had no physical relationship with him owing to his impotency issues, you can file a petition for annulment of marriage on the grounds of impotency and non-consummation of marriage owing to impotency.  This petition should  be filed within one year from the date of knowledge.





2)Should I report to Mahila Commission if divorce will take time as i want mental peace sooner?
Not necessary, Mahila commission has nothing to do with the divorce case.





3)How much money can I ask for settlement amount while filing the divorce as we belong to lower middle class family?
You have assess their economic background, his salary or any other income and can place a demand for a big amount as one time settlement or can even ask for monthly maintenance.


T Kalaiselvan
Advocate, Vellore
18616 Answers
176 Consultations

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