Please help me and suggest..i got married in 2013 march my marriage is arranged and me and my wife living together since 3 year in other place from my home town ,actually i dont like her and not comfortable with her infact i do not want to live with her further and i love to another girl and i already told everything to my wife about my affair and discussed to leave me but she refused, my family know all this thing and also does not want saperation,i am in a big trouble actullay i want devorce but i dont know what should i do...tell me easiest and fast methods and i dont want to envolve my family in my matter.
Asked 1 year ago in Family Law from Kota, Rajasthan
1) if your wife is refusing to give you divorce then you have long legal battle ahead
2) contested divorce takes around 5 years ti be disposed of
3)you can file fir divorce on grounds of mental cruelty but you have to prove allegations made in divorce petition
You do not have enough reason to move out of this relationship except your fondness fr another girl
This is not at all a reason to legally dissolve your marriage unless your wife willingly allows you to do so which is absent in your case.
Then i regret to inform that the alw does not allow a person to make and break a marriage at will.
You can file a contested suit for divorce but the result is unlikely to be in your favour.
The way you drift with girls I wonder if you could manage to stay this girl friend for long.
1. If you want divorce then you have to file a petition doe dissolution of matrimony on the grounds attracted to the facts of your case. The grounds under Hindu law are cruelty, desertion and adultery. Since your spouse is residing separately for more than 2 years you may file for dissolution on this ground, but she can contest it.
2. The hassle free and fastest mode is mutual consent divorce which takes only 6 months but this is possible only if there is a positive agreement between the spouses.
1. You are not yet in trouble but can be put to very serious trouble if evidence of your stated adulterous activities are submitted before police with a complaint letter by your wife.
2. Please note that you are required to have grounds acceptable by the Law for seeking decree of divorce and falling for someone else running an extramarital affir is no ground for seeking divorce from legally wedded wife.
3.If you have any acceptable ground like cruelty against your wife, you can file a divorce suit submitting the evidence in support of your evidence which may be contested by your wife.
4. Your wife also may file retaliatory suits/petitions/complaints against you which you shall have to counter.
5. It will be prudent on your part to convince your wife by paying her adequate compensation and jointly file a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.
There is no proper ground for you to seek dissolution of your marriage with her through court of law or decree of divorce.
Loving another girl cannot be a ground seeking divorce or just because you dont like your wife also cannot be a reason for filing divorce petition before court.
For mental cruelty you should plead strong grounds to file divorce on the grounds of cruelty.
Consult a local lawyer and proceed as per his further advice on the subject.