Divorce
pramod rajput
(Querist) 30 November 2014
This query is : Resolved
Dear Sir,
I got married May2012 on May 5st 2012. Since then iam facing problems from my wife and her parents. They ill treat me and my family and also spread wrong rumours about us. Its been 1 year now that iam not living with my wife. She is at her fathers place. She is not give divorce to me .I would like to know when can i apply for divorce and what would happen if my wife refuses to give me divorce.
Devajyoti Barman
(Expert) 01 December 2014
Though you can apply for divorce now. I would suggest you to give a try to save this marriage.
Your condition is still not so grave that you have to think of applying for divorce.
Rajendra K Goyal
(Expert) 01 December 2014
Try to have amicable settlement to save marriage. If not possible try for mutual consent divorce. If your wife refuse to give divorce, contested divorce may take 5-6 years or may be more. Cases of domestic violence, maintenance etc. may be initiated against you.
Nadeem Qureshi
(Expert) 01 December 2014
Dear Querist
first of all you should try to settle the matter amicably with her and her parents and try to save the marriage. if not possible to save the marriage then try to settle the matter amicable for filing Mutual Consent Divorce u/s 13(B) of Hindu Marriage act if both of you are hindu and the marriage was solemnized as per Hindu Law.
if both the above situation is not possible then file a divorce case against her based on cruelty u/s 13(1)(ia) & (1A) of Hindu Marriage act before family court.
Feel Free to Call
ajay sethi
(Expert) 01 December 2014
your wife does not want to stay with you nor is willing to give you divorce . under such circumstances best option is for you to file for divorce as all efforts of reconciliation have failed and you have been staying separate for 1 year . contested divorce proceedings take 5 years to be disposed of
R.K Nanda
(Expert) 01 December 2014
agree with experts.
pramod rajput
(Querist) 02 December 2014
Dear Sir,
Thanks for your reply. Sir but it is not possible stay with her and she is not give to me divorce because his she and her family is expert to law . And she was already complaint in family council center for monthly maintenance. So please explain what i have to do?
Guest
(Expert) 02 December 2014
Solutions are not meant for self defeated persons. There seems to be no solution for you, if you have already accepted defeat even without taking any initiative to fight, merely on the assumed plea that "she is not give to me divorce because his she and her family is expert to law."
Divorce has to be granted by the judge of the case, not your wife to give. When you don't file a petition and put forth justified grounds for divorce through your own lawyer, how you can expect the divorce to take place, whether she gives or not?
You belong to Rajput clan, a well known fighter class of persons for justice and independence of tyheir motherland and themselves. Why lose heart, gird up your loin and start fighting, if you really have a right cause.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
As advised by experts, if you find there is a reasonable cause for divorce, why don't you discuss with your lawyer and go ahead(?)
