Need quick divorse

Sandeep (Querist) 29 December 2012 This query is : Resolved
Hi to all experts, i got married in june 2011 and spent around only 3 days with my wife at my native. i came back to mumbai and stated my job after one month she came to live with me but i am not interested in her and the marriage is done under my family members pressure. can i get divorce on following points.
1. i have not registered my marriage.
2. due to doubts she tryed for suicies in jan 2012 and from march 2012 she is not living with me, she is with her parents.
3. nobody from her family contacted us or tryed to resolve the issu.
4. if i fill divoce application first can my wife complain against me for 498 ? (which she assume to do)

please reply soon as i am confused and depressed weather i file a divorce case or not?

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Advocate M.Bhadra (Expert) 29 December 2012
You have to admit your marriage,whether it was not registered.If you file a Divorce suit there are every chance your wife can file a case u/sec.498a and also u/sec.125 Cr.P.C.However you can file a suit for annulment of marriage for non-consummation of marriage,it may be defend you against the the criminal case,but you have to prove that the marriage was not consummated though it is difficult in fact.

Sandeep (Querist) 29 December 2012
Thanks , but can i file a divorce or file a suit for annulment of marriage for non-consummation of marriage on a ground that i do not like her and the marriage is done under pressure....is this sufficient reason for court ? also i have telephonic conversation recorded that she accepted that i or my family never demanded dowry or assaulted her.

plz advice.

Devajyoti Barman (Expert) 29 December 2012
Fr nullity of marriage you have to prove all of your allegations.
Mutual divorce is the only expeditious way to get divorce.
Do not make marriage a trial and error institution.

Guest (Expert) 30 December 2012
As per your facts no case of nullity is made out. You have to file for divorce on the ground of cruelty. The only way to a quick divorce is to go for MCD. Be careful of the false criminal charges against you.

Ashish Davessar

Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh