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(Guest)

5 old marriage separation

Hi All 

I am married for hardly 3 months.  One fine day, my wife went away from home back to her's without telling and since then has not returned (almost 2 months now). She kept accusing me of mental torture and humiliation whence nothing of this sort ever happened. 

Now she is pressing for divorce and I am also not keen in taking this marriage forward. Please suggest how this may be possible as I see on the forum some posts saying divorce before one year is not allowed. Also, can she claim any money in regard to money spent on marriage etc. Note that she is a working person. 

Waiting for your expert opinion. 

Thanks everyone,

Suraj



Learning

 9 Replies

Laxmi Kant Joshi (Advocate )     02 July 2014

Suraj you can not file divorce within a year marriage, you have to wait for its completion , in between you can try for its amicable solution by taking help of your elders , relatives from both sides , but if she is adamant and wants only divorce then it will be better to opt mutual consent divorce its easy and fast process, file jointy your case in the family court.

Advocate Ravinder (Advocate/Attorney)     03 July 2014

Dear Suraj,

Nothing to worry.  You contact me either on cell 7893011777 or ravinder2345@gmail.com. I will be advising you from time to time how to come out of the problem. What you mentioned above is not sufficient. Next time come with more stuff pointwise and datewise to my email id.

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

I think you have to sort out the differences between you both either by yourselves or through an intervention by elders of both the sides. It is too early stage of your marriage where such trivial issues are very common but in the name of any legal action, do not become a reason to stretch the distance between you both.  You have not seen the married life at all i the given period of one month, it means that you have not even into the matrimonial life properly to accomplish your dreams of a married life with a good and pretty looking wife and cute children etc.  Look back at your own self for the deficiencies in your side, try to rectify the same and approach her convincingly.  Make sincere and honest effort for reunion, is all your best efforts, fail, remain calm for another 6 months or more, do not try to contact her even by sms or any other communications, she will realize as the time passes and will initiate process fro her side for patching up then you grab the opportunity and resume your discontinued marital voyage.  Do not rush with legal actions on misguidance of any one.

Johny (Middle Management Professional)     04 July 2014

Dear Suraj Singh,

I completely agree with Mr T Kalaiselvam. Do not rush into anything which you will regret later. If you really want a divorce its fine - but do not rush into it. I am sure that before getting married you would have really thought about why you want to be married to so and so person - and I hope that you spent sometime coming to this decision, - so now do not make a contrary decision within just 3 months. 

I know that sometimes we all feel that 3 months is long enough time to understand a person - but let me assure most of the times even an entire lifetime is not enough to understand another person. I had read somewhere that if you stay with same person for long enough time you like him/her irrespective whatever characteristics they possess as "EVERYONE" in the world has at least few things that are unique and endearing about themselves.

These issues of getting angry, going away from home to parents house etc... are all very common not only now but even in older times. But in older time due to many social and economic reasons things would never become public knowledge or go upto legal level. 

So please give yourselves time and patience before you take any legal approach - this is my sincere advice. Going legal way would most of the times make things worse and not better for everyone. So try all other approaches first. 

I am not a lawyer but have seen my fair share of lawyers while i went through similar situation in my life. Please remember that lawyers are much like doctors - most of them will be very technical in nature and advice you from that perspective - which is really good and useful by the way. So getting a divorce while not being "Very easy" - I am sure it wont be difficult. The difficult part is to see if you can work this out without going that road. So try doing the difficult part of working this out first - if it does not work legal path anyways will always be there.

My sincere advice - please give time, let things settle down, (as Mr Kalaiselvam says in his post -  Try reconciliation - if it does not work, give it another 6 months without contact her) by then I am 100% sure you will know what to do and how to do this - whether divorce or rework the same.

 

ALL THE BEST :).

Johny

Adv k . mahesh (advocate)     04 July 2014

She kept accusing me of mental torture and humiliation whence nothing of this sort ever happened. 

you are not sincere to explain what went wrong in this two months and came to this forum for relief as your wife wants divorce from you and if she wants she can claim what she want like harassing you by filing different sections especially 498 a etc.,  

Also, can she claim any money in regard to money spent on marriage etc. Note that she is a working person. 

if nothing gone wrong why you are afraid of all why you have not initiated to talk to her personally without any one intervention because lot may change if a person who want to recoup and want happy married life goes for discussions without any one help a fruitful results will arise

 

in your situation what went wrong no one knows but within two months your wife wants divorce means understand the situation and go by that if you want take the help of her close friend who can help you in this matter 

 

if nothing is fruitful then go by above answers what they said and we will be there anytime to help you .....

K.K.Ganguly (Advocate)     15 July 2014

1. You can file mutual consent divorce petition not before one year in normal cases,

 

2. In extra ordinary cases, permission for filintg the MCD petition before completion of one year of marriage has to be obtained from the Apex Court,

 

3. Try to settle the dispute amicably, if possible, keeping in mind that divorce is the 2nd most stressful even t in one's life.


(Guest)

I know its only 5-6 months but there are serious medical complications with her which she hid before marriage. And we both want to separate now. Since its less than 1 year how can I proceed further. 

As Mr Ganguly points out that in extra ordinary cases, permission for filing the MCD petition before completion of one year need to be obtained from Apex court. Can someone guide me the procedure for the same. 

Thanks,

Suraj

SATENDRA KUMAR MISHRA (Advocate)     16 July 2014

Dear Suraj,

Its too early to take divorce by mutual consent. You can opt for counselling both husband and wife. so that any amicable solution can be arrived at. In the meantime, one year will elapse and you can file your mutual consent divorce.

   


(Guest)

True that's its early but neither of us want to pursue this any longer and really want a amicable and peaceful solution. Please advise if this can be don before one year and how to proceed about it.


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