• Divorce

I got married on 22 Feb 2016 on my own will. It was an arranged marriage. I courted the girl for around 16 months before getting married. Lot of times before marriage also i was not sure about the alliance, however unfortunately we went ahead. The sense of commitment never came and after months i met a girl and fell in love. I came clean and told about the situation to my wife and parents. I really love this girl and we want to be married after separation from my present wife. I want to know whats the procedure and any way I can convince my wife about moving for divorce.
Regards
Asked 4 months ago in Family Law from Bathinda, Punjab
Religion: Hindu
Marriage is not a play. You are out of ur mind buddy. My advise to u is stop from the kiddish act and return to ur family and with ur present wife you can have a souvenir life.

Above said was the voice of humanity. I am professional. I dont care these things.

If you can and have trust in urself ask for mutuall consent divorce. Get a family counselling sessions. Be smooth and dont loose patience because it might led u in very bad situations police jail and all that. I will help you through all the process if u hire me.
Rgds
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
1) you have been married only for 6 months 

2) only in exceptional circumstances can you file for divorce before expiry of one of marriage 

3)divorce by mutual consent is best option . it takes around 6 months 

4) if your wife does not agree for divorce you have long legal battle ahead . 

5) it would take around 5 years 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Well, the marriage is not a child'splay which you though appear to make your marriage look like.
It is absolutely wrong on your part to allow yourself to fall in love with another girl so early in your marriage.
No divorce is possible even if your agree within one year of marriage.
If your wife does not agree then remain prepared for long legal battle of criminal and as well civil cases.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
4.9 on 5.0
Hi
If your wife agrees a mutual consent divorce is the option.
How to convince your wife is your call which you have to do wisely.
Talk to her as she e already know about your relationship and go ahead if she agrees for a mutual consent divorce.
Be ready to face the consequences if she files a 498A or any other cases 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) If your wife agrees for a divorce, you can jointly file for divorce by MUTUAL CONSENT. You need to however wait for an year from the date of marriage before filing this complaint. It can be done at the earliest after 22nd of February 2017.

2)In case your wife agrees for divorce by mutual consent things would be easy if not you can move a petition for divorce unilaterally on grounds of cruelty. In any case you may have to make monetary settlement.

3) Engage a lawyer locally to assist you. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Completing of one year of marriage is a mandatory period for filling divorce before the family court, hence you have to wait till March 2017 to file divorce case, in between try to convince your wife to file mutual divorce.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
The procedure is to wait for a year from the date of marriage (as a petition for divorce cannot be filed unless a year has expired from the date of marriage) and then part ways by filing for mutual consent divorce. If your spouse does not agree to MCD then you cannot dissolve the marriage as loving another person is no ground for dissolution of marriage,
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Divorce by mutual consent is the only best option for you. If your wide does not agree then its gona be big problem it also gona take 4 to 5years…she can also file a case against you under section 498A..i think you should talk to your wife  regarding this otherwise you have to face a big trouble..good luck
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
4.0 on 5.0
1. Legally speaking you have no ground to seek a decree of divorce from your wife,

2. "I have fallen in love with some other girl and want to divorce my 5 month old wife" is not the acceptable ground for seeking divorce,

3. India does not have 'No-Fault' divorce system like USA,

4. However, if your wife agrees, both of you can file a mutual consent divorce petition after one year of marriage and staying separately for one year which will be disposed of after 3 & 1/2 months from the date of its filing,

5. You can marry your new friend only after obtaining divorce from your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
according to  Hindu Marriage Act no divorce petition shall be moved within one year from the separation or living separately.  if you are able to convince your wife you still need to completion one year of separation and then mandatory period of six month of final appearance of mutual consent divorce petition. however there is scope and possibility to exception of six months in rare cases. 
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
You have to wait One year completition period for filing a legal valid divorce petition. Otherwise you can opt declaring the marriage is null and void.

Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/ SINGLE,

Conditions of the annulment of the marriage are:
a.     The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)
b.    It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)
c.     This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.
d.    The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)
e.    The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.
f.      The parties of marriage should not be impotent or have the disease which can be unable to bear the family.
g.    The parties of the marriage should not be of unsound mind.
h. The parties of the marriage should not be in any marriage earlier, and if the marriage has happened, the divorce should have been happened (except for Muslims) before the second marriage.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
For a marriage to be dissolved, minimum one year period should have been elapsed.  
Your case, if your wife agrees for mutual consent, after one year of separation, you can file a petition for mutual consent 
The reason what you have stated cannot be a ground for divorce.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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