Need divorce as soon as possible
Hi,My marriage took place on 15th Jan 2016 and after the marriage nothing went good and we both start having fights with each other for small small things and the girl keeps on discussing all the with her mother weather its private or family.The girl mother is is now harassing us that she will file a fake case against us for dowry, or police complaint. At the time of marriage,we never asked anything from them not even a single peny .But unfortunately, she became pregnant now and I got to know about this later.I do not want this child and wanted to abort.She is 2 and half months pregnant and staying at her parents place for the last three months and does not want to come back home nor her mother wants only her father requesting that.And, I also do not want this child and want to divorce her any how .She does not want to stay with us and secondly her mother wants that I should go stay with her family and no link with my family.Sir, I want to divorce her as soon as possible anyhow.I cannot bear tat women.From starting only, she was saying that she does not wanted to get married and want to go back home.Please reply me after abortion how can I get divorce from her at earliest.Please sir help me out
Asked in Family Law from New Delhi, Delhi
1) only in exceptional circumstances can you file for divorce before expiry of one year
2) you cannot force your wife to undergo abortion
3) you should refuse to go and stay with wife family
4) in case any false case is filed of 498A obtain AB from sessions court
It is suggested that you do the following
a. In her absence - as she is not at your home , get CCTV camera installed everywhere in your house except bedrooms.
b. File a complaint to the nearest police station that you wife has not come home willingly and is staying separately from you and has also threatened you for false cases
c. Even though this sometimes falls back - but in such a case it is suggested that you file a case under HM 9 for retitution, as in where you are asking court to instruct her to come and stay with you as she is carrying your baby, also mention in the petition that she has threatened to abort the child and also file false and frivolous cases against you - such drafting will safeguard you from the false cases which will be filed against you and your family after you file the above said com plaint and HM9 .
As your marriage is just 6 months old you may not be able to file a Divorce hence file HM9 by the time notice and other actions will take place 1 year will complete and then file divorce.
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Best of Luck , Stay Blessed
1. A divorce petition cannot be filed before a year from the date of marriage. So wait till 15th Jan 2017 and then file a petition for mutual consent divorce which will be decided within 6 months.
2. If criminal cases for dowry harassment are filed then apply for and obtain anticipatory bail and then contest the case on merits.
3. She alone has the right to decide whether to give birth to or abort the child.
Please be aware that divorce petition cannot be filed before court within one year from the date of marriage.
Also there is no solid or substantial rounds in your side seeking dissolution of marriage by a decree of divorce through court of law.
The grounds stated by you are of trivial nature hence it will be a very tough task to prove your cause of action seeking divorce.
You cannot force her to abort the child just because you do not like her anymore.
Forcing your wife to abort the child in her womb shall be a criminal offence as per criminal law.
You may wait for completion of one year period, if she is not returning to your home on her own, then you may decide about filing a divorce case against her on the grounds of mental cruelty.