rahul (student) 06 June 2010

need divorce, pls help me!!!!!!

dear sir,
i am 24 yrs male, i married last yr in november and my wife left me after 2 months without informing. its been 4 months now. she does not want to live with me anymore and while residing also she was too rude to handle. my question is that:
1.) when shud i file divorce, coz she neither wants to live with me neither she says she will leave me, she says she is too intelligent for this case. but i want to file a divorce coz now i also dont wanna live with her coz i kno she has affair with someone else but i cant prove it. i will seek divorce on the grounds of cruelty and desertion but i wanna kno when shud i file the petition in court on these grounds??????
2.) can she implicate any false charges of dowry or beating her on me, she has not done it yet, but now someone may just guide her to do so, i m afraid.
3.) what are the chances that i will win the case, where there is no possibility of mutual divorce, and my lawyer will have to contest the case. time is not a parameter, since i m only 24 but i want to take divorce without giving her money coz she and her family seeks money from us, though i m ready to giv her maintenance during the case but i m not ready to give her a huge amnt which she seeks !!!!!!!

4.) how should i defend myself if she implicates false charges on me and my family???? can she really do so at this stage??????

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2 Replies

Pranjal Srivastava (Lawyer) 07 June 2010

1-As per Sec 14 (HMA). No petition for divorce to be presented within one year of

marriage.

(1)Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the

date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in.that behalf, allow a petition to be presented 1[before one year haselapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree,do so subject to the condition that the decree shall not have effect until after the 1[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the 1[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether

there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].

2- Yes she can U/S 498 A IPC along with DV Act

3-You along with your wife should go to a marriage Counselor many of the cases can be solved by a good counseling session .after then only decide to go for divorce

4-Wait and watch until your counseling