• Getting a divorce: implications for harassment by girl's family

I just got married two months ago as per Hindu traditions and rituals. It was an arranged marriage. There was no dowry demand nor any dowry given beyond ritualistic requirements. I feel incompatible with the girl and nor have we had conjugal relations, though we live together. What are the procedure for divorce? I have been told that in arranged marriages going through a divorce, the girl's family can file a dowry harrassment case as it involves 3 months of arrest with no bail. Can you draw for me the implications of going for a divorce which is contested and what other provisions can be used to harrass?

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Asked 2 years ago in Family Law from Patna, Bihar
Religion: Hindu
Hello,
First of all for the reason you stated you can not file for Divorce.It is not a valid reason.
Secondly you need tio have at least an year of separation or complete an year fromdate of marriage to file for divorce.
They can file a case under 498A.
Accuse you of domestic violence,cruelty,harrasment,dowry and ask for maintenance and alimony and file police complaint.
Best way forward is to talk to yopur spouse, get her ready for a mutual consent divorce and file for divorce after an year.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
At this stage you can file a petition to nullify the marriage for going for divorce you need to wait a year from the date of marriage.they can file 498A DV case etc against yogi.do it better to negotiate and settle the matter.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1)you have been married just for 2 months . consummate your relation ship . visit a marriage counsellor to resolve your disputes if any . 

2) you cant file for divorce unless you have been married for a year except in exceptional circumstances . 

3) the facts mentioned by you dont constitute any reason for divorce . no case of mental cruelty is made out . you entered into a arranged marriage on your own accord 

4) in the event you file for divorce in reply your wife may take the plea that you are impotent .

5) she may file complaint under DV act seek maintenance, right to stay in matrimonial home etc 

6) she may also file complaint under section 498A  and you would have to run around court for years . you would need to obtain AB in case FIR is lodged .
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1.ur marriage is just 2 months old and thus first consummate it.

2. for any compatibility problems visit marriage councellor.and save ur marriage.

3. u cannot file any divorce petition before 1 year of marriage.

4. if u file divorce petition after 1 year on any ground girl family can  file 498A case against you.

5.they can also file case under DV act against you.

6. if u do not consummate marriage then she can file divorce case against on ground of impotency.

7. she can also file maintenance case against you.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Marriage is a sacrosanct relation  in Hindu religion and can not be broken by a decision of a party on whims and fancies. There are grounds on which a decree of divorce after strict scrutiny by courts is passed. A short period of marriage is insufficient evidence to prove any ground for  divorce. You don't even know your spouse within a period of two months. your talking of going for divorce seems to be a childlike decision. 
The girl and the family whose course of life you intend to alter may not take it lightly when you file a divorce petition now or after sometime when law permits you to do so. there are many retaliatory measure which the girl can take against you and create unpleasantness for you.   
It is advisable that you engage your wife in some sort of  grooming course to improve her personality and become more affable and adjustable.
Mind  you I have seen cases where young turning old in fighting matrimonial cases.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
Better both of you meet a marriage counsellor to sort out your marriage issues.  It is too premature to think of divorce now. Better to continue the marital relationship now and wait for an year and then review your decision, whether to go in for divorce or not. After one year of marriage, if you have decided to go for divorce then go for mutual consent divorce, if your spouse agrees for the same.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
you can not file divorce before 1 year but you may go nullify of your  marriage. but it is better to visit marriage counsellor & try to save marriage. if you find it not  possible even after 1 year of trying then you may go for divorce
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. What you have been told with respect to three months of jail without bail for the husband in the event of a dowry harassment case by the wife, is totally absurd. With due deference to your source of information, he is either ignorant of law, or somebody who draws pleasure by mortifying husbands. Gone are the days when filing of a dowry case by the wife meant an instant arrest for the husband. The law has undergone a radical change from that dark age for husbands. In the event that a case for dowry is filed against you, you may immediately seek anticipatory bail, which when granted would obviate the possibility of arrest altogether.

2. The procedure for divorce is simple-engage a lawyer and file for divorce. However, the question which arises at the outset is whether you can file for divorce at this stage, The answer is NO. Incompatibility in the mindset is no basis for filing unilaterally for divorce. If the differences are not ironed out then you and your wife may apply for mutual divorce in the court after a year from the date of your marriage.  You may however apply for divorce against her prior to a year if she has refused to conjugate with you. 

3. If you file for divorce, now or after a year, she may reciprocate by filing a case of dowry against you. The precautions which you have to observe to pre-empt the consequences which may emanate out of such proceedings by her have been mentioned in the first para of my reply. In addition to a case of dowry, she may also file a case for domestic violence and maintenance against you.  These are the commonly employed tactics. You will get an opportunity to contest all these cases on merit.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. First advice is to try to settle the matter amicably and try to adjust. Please note that divorce is the 2nd most stressful event in one's life which you shall understand later on. There is no guarantee that your next wife, if any, will be any better. She may be even worst. Moreover there shall have to be legally accepted ground for seeking decree of divorce,

2. However, if amicable settlement is not possible, wait for one year & after that propose for mutual consent divorce which is hassle free and fastest. It takes little more than 6 months,

3. If she does not agree, collect evidence in support of your grounds for seeking decree of divorce like cruelty upon you,

4. Filing complaint u/s498A and under DV Acr will not cause musch damage now since as per recent judgment of the Supreme Court, you shall not be arrested by the police,

5. Attend to the cases to be filed by her, if any, as they come.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi, you can't apply for divorce with in one years of marriage and it is my suggestion if you not interested to continue the relationship go for a mutual divorce and secondly  if your wife filed a dowry embarrassment case then police will not arrest you immediately and you have time to obtain Anticipatory Bail.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
on this ground you can not file the divorce case against her, if you filed then she may filed dowry demand case u/s 3/4 of D.P.Act, 498A/406 of IPC, domestic violence case, maintenance case. contact a lawyer personally, it will be better
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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