My wife wants to leave me
Anshul vyas
(Querist) 04 October 2018
This query is : Resolved
my wife and I married in may 2018. On the second day of marriage, she shares her feelings about her heartbreaking past. she told me that she is forcefully married by her parents and now she is not happy with this marriage. I asked her why u not tell me this before marriage. She said that at that time her parents make a lot of pressure on her that if u don't say yes to do marriage with someone we will stop your studies and keep you inside the home. No job nothing actually she loves someone and her parents don't want to marry him. She doesn't want to live with me also. She wants a divorce from me. what should I do plz suggest? I can't see her like this. she is very upset and looks very depressed nowadays. She still love him. Her family also not support her.
Vijay Raj Mahajan
(Expert) 04 October 2018
Lucky you, rarely wives ask for divorce it's the husband who in most cases ask for it.
Anyhow for divorce by mutual consent you both have to wait for one year from the date of marriage as for two reasons, firstly no divorce petition will be entertained within first year of marriage and secondly, the condition for divorce by mutual consent is living separately for one year.
As far dissolving marriage by decree of annulment is concerned by that either if you against the other can filed on the ground of force and fraud committed by the other for getting the consent for marriage. Even in that case the respondent should absent from contesting the annulment petition in court and the petitioner get ex-parte decree of nullity.
In any case this issue can be worked out with help of competent advocate.
You can contact me if you are interested, my details mentioned in my profile here in this forum.
Dr J C Vashista
(Expert) 05 October 2018
Either of you should move to court for annulment of marriage or decree of divorce as the case may be.
Consult a local prudent lawyer for better appreciation of facts (which you have concealed but necessary for filing such a case) guide and proceed.
However, if you are located in Delhi and feel you may contact (by prior appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
Guest
(Expert) 05 October 2018
If there is even a slightest truth in your story (unbelievable at least for me), let her leave you. Happily allow her to leave you. No need to go for any legal proceedings. After taking lessons of life within a short period, she would come back to you to live with you as your loyal wife. Otherwise, if opposed by imposing your own wishes, she can prove to be the most dangerous creature for you and the existing family laws would turn to be her effective tools to make you learn the lessons of your married life.
Rest depends upon your own wisdom.
yogesh
(Expert) 07 October 2018
divorce by mutual consent is the best option, otherwise, failed marriage may result in a criminal prosecution from the side of the wife's family
Sudhir Kumar, Advocate
(Expert) 20 June 2020
divorce by mutual concent is about 1 1/2 year process. In between none can marry elsewhere.
Guest
(Expert) 20 June 2020
Supreme Court had allowed the couple to separate with out waiting for 6 month mandatory cooling off period
----pronounced by Supreme Court Bench of Honorable Justices Kurian Joseph and S.K. Kaul on october 16th 2018 . The Court had observed that the application for waiving off the waiting period could be filed in court with in a week of their first motion of separation.
