• Divorce

I am 28 years old. I am from West Bengal. My parents emotionally black mailed me and did engagement with a girl who was 16+ then who is from Bihar. I said after graduation only i'll marry but her family started pressuring my parents and they again stared pressuring me. In-spite of my every effort to hold it they did my marriage ceremony when she was 17+. As there are a age difference and understanding difference I asked my family and the girl to do graduation first. After few months I got to know she doesn't know how to write some basic English/Hindi sentences. Her family told us she was in collage. After almost four years she did not completed her graduation. I don't see any good future with her. Is it possible to get divorce. And how I should proceed with it.
Asked 4 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) merely because your wife has not completed graduation is no ground for divorce

2)merely because she is not able to speak in english is no grounds for divorce 

3) you can  file for divorce on grounds recognised under HMA but you have long legal battle ahead

4) contested divorce takes 5 years 






Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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It appears that her lack of education was major hurdle for the survival of marriage between you two.
Now since she has got admitted for passing graduation you should encourage her.
THough education is nowadays us very essential but lack of it should not be cause of divorce.
You have given lot of time to this marriage . So only because she has failed to clear her graduation , do not kill this marriage.
I can not recommend to go for divorce merely for this reason.Even court will not grant divorce on this ground.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Since your marriage was solemnized when you had not attained the marriageable age you may file  a petition for declaration of nullity of your marriage under Hindu Marriage Act.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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As she was minor at the time of marriage hence file an annulment petition before the game court under section 11/12 of Hindu Marriage Act.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
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Hindu Marriage Act does not permit no fault divorce.However,you may try for mutual consent divorce. 
Sushil Jha
Advocate, Patna
161 Answers
1 Consultations
5.0 on 5.0
 After few months I got to know she doesn't know how to write some basic English/Hindi sentences. Her family told us she was in collage. After almost four years she did not completed her graduation. I don't see any good future with her. Is it possible to get divorce. And how I should proceed with it.





The reasons what you have stated do not constitute any valid grounds for divorce.

You may not be liking to live with her for the reasons you know better but they cannot be put forth as reasons for divorce because there is no provision in law for granting divorce on those grounds. 

In my opinion, the education should not be an hindrance to the married life, she is required to be a dutiful wife to take care of the household and the matrimonial obligations including conjugal relationship. 

You may find a reason if she fails on the count notified above. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
After marriage i got her admission done for her graduation, got her admission in computer classes and English speaking classes. He failed in her part two exam and decided not to peruse for graduation as it was hard.

You cannot compel her to learn.
If she is incapable of learning you cannot do anything on that.
Moreover this may be frustrating you but it is your fate, you have to accept it.
If you try to do anything that enrages her or provokes her then she may resort to all types of false criminal complaint against you and your innocent parents due to which everyone will be suffering with court cases.
Look at the things in  wide angle, you will get convinced and start living happily with her. Her education alone is not everything in life. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1. Her marriage to you is illegal since she had not attained her her eligible age for marriage,

2. The eligible age for girls to marry is 18 years but she was 17 years when she married you which is illegal,

3. You can file a petition for annulment of marriage on the above ground stating that you have come to know about her actual age only before 11 months,

4. Otherwise you can file a divorce petition on the ground of cruelty if you can establish that she behaved cruelly with you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Not passing an examination is not a ground for seeking divorce,

2. Similarly giving up studies is also not an acceptable ground for filing a suit seeking divorce,

3. File the annulment petition as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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