Need divorce
somesh
(Querist) 11 June 2008
This query is : Resolved
I got married six months back. I was not interested in the girl I got married to, but had to get married due to family pressure. I hardly stayed with the girl for about a month. I am looking forward for separation. But the girl will not agree,so this will not be a case of mutual conscent. Is it possible that I can file the case before an year? I can form a case on medical grounds. I dont want to stay in this forced marriage. Please advise what can be the earliest to come out of it.
Thanks.
amit gupta_lawyer
(Expert) 11 June 2008
When husband may petition for dissolution –
Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
When wife may petition for dissolution.-Any wife may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;
Or has been guilty of incestuous adultery,
Or of bigamy with adultery,
Or of marriage with another woman with adultery,
Or of rape, sodomy or bestiality,
Or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,
Or of adultery coupled with desertion, without reasonable execuse, for two years or upwards.
Contents of petition. -Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved
is founded.
Petition for decree of nullity :
Any husband or wife may present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.
Grounds of decree :
Such decree may be made on any of the following grounds :
(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit ;
(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity ;
(3) that either party was a lunatic or idiot at the time of the marriage ;
(4) that the former husband or wife or either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.
Nothing in this section shall effect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
H. S. Thukral
(Expert) 12 June 2008
No. You do not have any ground for divorce petition. The courage you are showing now in dissolution of marriage should have been shown by you at the time giving a nod for marriage. You must understand that two parties are involved in it and you can not spoil the life of other because you did not have courage at the time of marriage to express your personal disliking. You have not said what are medical grounds for seeking divorce. Apparently your personal disliking is germane to your action rather than any medical grounds.
You should, if at all, try mutual consent. May be the girl also dislikes your personality and agrees for divorce.
Otherwise the process would be lenghthy and cumbersome. You may end up spending your precious yearts of life in the procedure.
Guest
(Expert) 12 June 2008
Marriages are decided in heavens and made on earth.
Reconsider your stand, think of the consquences of divorce for the girl. Getting divorced in less than year will ruin her.
We worship woman in India. Donot do that, compromise with your relatives, make her happy, you can modify her by expressing your wants, likes or dislikes, and reform her to suit your needs.
Aniruddha.P.Pawse
(Expert) 12 June 2008
Your marriage had been only six months before and you have no such ground for divorce.Before at least one year the court does'nt allow petition for divorce except on some urgent ground SO Sorry.
SANJAY DIXIT
(Expert) 12 June 2008
I concur with the views of other expert members Harbhajan & Kotresh.
If still it is not possible you may file the suit for divorce U/s 13 HMAct with the application U/s 14 HMAct for registering the suit before one year of marriage.
Srinivas.B.S.S.T
(Expert) 20 June 2008
YOu have to wait till completition of one year of marriage.
