Divorce
Shivali Oberai
(Querist) 18 August 2012
This query is : Resolved
Hi !!!
Jst wanna know is divorce possible after two months of marriage ? I dont want to live with my husband & my in laws. I jst hate them. My husband is very incompetent man. I dont like him. At present i am at my parents house. I dont want to go there. They are very greedy people. I just hate them. I dont want to spoil my life. Please suggest me legal ways for this separation.
ajay sethi
(Expert) 18 August 2012
visit a marriage counsellor ? two months is very short period to end your marriage .
it is better to have divorce by mutual consent . other wise case can drag on for years if husband dosent agree for diovrce . for that you have to stay separate for one year before filing for divorce by mutual consent
Guest
(Expert) 18 August 2012
A divorce petition under Hindu Marriage Act is not maintainable unless at the time of filing of the petition the marriage is a year old.
This provision admits of only one exception. The court may allow a divorce petition to be presented before the expiry of a year from marriage in the event of the spouse having faced 'extreme hardship' pursuant to his/her marriage. Whether the conduct of the respondent spouse comes within the ambit of 'extreme hardship' or not depends on the peculiar facts of the case.
Adv.R.P.Chugh
(Expert) 18 August 2012
Hi Shivali,
Divorce petitions are generally not admitted within the first year of marriage, however if there has been exceptional hardship (extreme and incomporable suffering) to one spouse, or exceptional depravity (wickedness) on the part of the other, then divorce petition can be filed even within the first year.
Illustrations of cases where it has been accepted within first year are : adultery with various people, extreme physical cruelty etc.
Discuss your case with a counsel, and take a call.
It's always good to re-think, and if reunion as an option is foreclosed, then going in for mutual consent makes more sense.
Devajyoti Barman
(Expert) 18 August 2012
Since one years has not passed since the date of marriage, the options are ver few as afar as divorce is concerned.
As contested divorce does take lot of time to dispose off , it is better to go for mutual divorce.
Another option is going for nullity of marriage where one year time does not make any bar.
Shivali Oberai
(Querist) 02 November 2012
My husband is threating my parents that he will do suicide if i ll not come to him. I dont want to live with him. I am at my parents home from last three months. I really want separation from him. My gold, furniture, clothes nd everything are in his house. I jst want to knw whether his step of commit suicide creates problem for me nd my family ? Kindly suggest me some legal or some other way to save from this problem. Being a human its my right to decide about my future nd i told him dat i really dnt want to live with him. But he is a psycho person nd not ready to listen anything. If i ll go dere i ll do suicide because he is more than an animal.
ajay sethi
(Expert) 02 November 2012
no body cna force you to stay with your husband . if your streedhan is lying at your husband place request your husband to retrubn the same . if eh does not do so then file DV case and ask for various reliefs . consult a local lawyer
Shivali Oberai
(Querist) 02 November 2012
Whether his threating of commiting suicide creates problem for me or my parents ?
ajay sethi
(Expert) 02 November 2012
those who th reaten rarley commit suicide . send a email to him and request him to undergo psychiatrist treatment .
Shivali Oberai
(Querist) 02 November 2012
I didnt talk to him. I jst hate him. He is literally immature & incompetent man. Thank u very much Mr. Ajay Sethi for ur suggestions. Thnax a ton
V R SHROFF
(Expert) 02 November 2012
Barking Dogs never bite.
Nobody suicide, who threatens.
If u don't like, go for Divorce.
No need to live with person u hate. Don't spoil life of so many including ur self.
Shivali Oberai
(Querist) 13 December 2012
Did i hv a right of maintenance if i am working too ? If yes thn on what grounds ?
ajay sethi
(Expert) 13 December 2012
if you are working court wont award you maintenance .
Shivali Oberai
(Querist) 14 December 2012
What is RCR ? If my husband or his family file RCR then what are the difficulties it will create for me & my family ? How to avoid this situation ? What should i do ? Kindly suggest.
ajay sethi
(Expert) 14 December 2012
restitution of conjugal rights . you have to decide your course of action
Shivali Oberai
(Querist) 14 December 2012
Does RCR force me to live with my husband ?
ajay sethi
(Expert) 14 December 2012
no one can force you o live with your husband . if you refuse tostay wtih your husband even after passing of decree of RCR then your husband can after one year of order file for divorce
Shivali Oberai
(Querist) 14 December 2012
@ Ajay Sethi thank u soo much sir.
ajay sethi
(Expert) 14 December 2012
thanks for your appreciation
Shivali Oberai
(Querist) 04 January 2013
My husband & his family is refusing to return my Gold & Streedhan lying at their home. What should i do now ?
Shivali Oberai
(Querist) 25 November 2013
I filed two cases u/s 9 of HMA and u/s 125 Cr. P.C in Faridabad District Court. In lok adalat (23.11.13) i has withdrawn both the above petitions, as my husband agreed to take me back to my matrimonial home within a week (i.e. by 29.11.13).
I need your expert opinion/suggestion for the following:-
1. I wish to know whether the ikrarnama signed earlier by me & my husband on 6.2.13 stands null and void or in force?
2. Can my husband again go to the Court to seek divorce from me on the basis of earlier signed ikrarnama?
Thanks & Regards
Shivali Oberai
Devajyoti Barman
(Expert) 25 November 2013
For return of ornaments you can file case u/s 406 crpc or under 12 of PWDV Act.
Shivali Oberai
(Querist) 25 November 2013
Thanks for ur suggestion sir bt i want to knw the follwoing :-
1. I wish to know whether the ikrarnama signed earlier by me & my husband on 6.2.13 stands null and void or in force?
2. Can my husband again go to the Court to seek divorce from me on the basis of earlier signed ikrarnama?
Thanks & Regards
Shivali Oberai
