Divorce before 1 year
Guest
(Querist) 27 July 2013
This query is : Resolved
husband wants divorce but didn't apply as some days left to complete 1 year. can he applied after 1 year on no reasons??? also if girl don't want to give him divorce can court allow her to leave with him as he is having no reasons for divorce???
Please advice....
V R SHROFF
(Expert) 27 July 2013
You were already replied today morning.
Q[1] : husband wants divorce but didn't apply as some days left to complete 1 year. can he applied after 1 year on no reasons???
Q[2]also if girl don't want to give him divorce can court allow her to leave with him as he is having no reasons for divorce???
Ans :[1] Yes , he can apply
[2] Court can pass Order u/s 9, RCR, but cannot force to live together.
Note: As I went thru ur earlier Query facts submitted by you later,
Under the circumstances, Court will not allow Divorce.
Ur frd can demand separate residence, maintenance, and restitution+ can lodge 498A, DV, 125 Cr pc ( But by doing so, chances of breaking marriage relation is very high.
Best is, Time will cool down and probably improve relationship. Both must understand each other, do not blame for false charges, avoid and ignore such dispute , it will save marriage, and later built happy marriage relationship. Ur frd need to sacrifice ego, bear a little suffering, to gain a lot of happiness in future.
So do not fight at this very early stage of marriage.
Do not establish enmity, Try to convert in Love, friendly relationship, even though it is difficult.
Keep Quite for few months.
Guest
(Querist) 27 July 2013
thank you sir.. my friend is in depression.. she never show ego, sacrifice her life for him that's why she is now on this stage... her husband and family is so cruel that they are on these words that they will throw her also don't return money and already had started searching for new match for his brother and son.
Guest
(Querist) 27 July 2013
they also saying that this time they marry him from whom they get Flat. although my friend parents have spended around 25 lakhs out of which they have given them 18 in cash.
gold chains etc are rest which i don't know.. but really knowing this i'm feared of marriage.
Devajyoti Barman
(Expert) 27 July 2013
She can apply for divorce and for permission to proceed with the same within one year.
Raj Kumar Makkad
(Expert) 27 July 2013
Contested divorce do not require consent of the other spouse and the outcome of the petition can never be anticipated. Court just tries both parties to come to a mutually agreed situation but don't force to accept its suggestion.
