Divorce
nisha
(Querist) 16 April 2015
This query is : Resolved
My husband throttled me and abandoned me and my daughter for a period of 1.5 months. later he returned and for the sake of my daughter I lived with him for a period of 2.5 months. Now he has quarreled and left me again. He has been away for a period of 9.5 months now.I wish to apply for divorce. Will I have to live with for a cooling period which I am not interested in?
SAINATH DEVALLA
(Expert) 16 April 2015
Do U know where he was for a period of 9.5 months?.Can U kindly mention the reasons for his behaviour? Is URs love marriage or an arranged one? What was his mental approach at the time of marriage
Answers to those questions are required for a correct analysis and advice.
selva perumal
(Expert) 16 April 2015
Yes, you have to wait for the cooling period.
Rajendra K Goyal
(Expert) 16 April 2015
If you are not interested to live with him, try for mutual consent divorce.
If he does not agree, file divorce. Consult local lawyer.
nisha
(Querist) 16 April 2015
Our disputes are based on dowry. It is an arranged marriage. He lived in his house while I was left in my mom's for the separated period. How long will this cooling period take? I am scared to live with him anymore as he is getting more violent by the day.
Dr J C Vashista
(Expert) 17 April 2015
@ Nisha,
Try and find out (impartially) the root cause behind the annoyance of your husband, you will find the solution. Your story is one sided, look other side also.
It is easy to get divorce but very difficult to continue and maintain married life in contemporary times.
Make a sincere effort to reconcile the differences to lead a happy married life.
Be positive, every thing is possible.
SAINATH DEVALLA
(Expert) 17 April 2015
My request is to sincerely try for an amicable reunion,instead of thinking of getting separated. God has given us a beautiful life, it is left for us to convert it into a bed of roses or a path full of thorns. The reasons U have mentioned do not pave the way for a separation.
nisha
(Querist) 18 April 2015
I have come across the information that the cooling period is min 6 months. Thank you for your kind reply.
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
Nisha: what you heard of the cooling period is for the divorce on mutual consent wherein after filing the petition you have to wait for 6 months for second motion for the divorce judgement to be pronounced.
In the instant case, you have not even initiated the case then where is the reason for cooling period etc, in fact for contested divorce there is no cooling period at all once the period of one year is over after marriage.
