(Guest)

Need advise for divorce for six month marriage

Hi everyone

Please advice me in the divorce process.

I got married in december 2011, after 2 days girl left to her hometown as her father was sick and not returned till now. Since then girl is not interested to come back and said that she want to separate from me and will take all her belongings. I agreed and asked her to file for Divorce. But till now she did not filed it and asking me to file divorce. she has been harsh with me and my mother on phone and too aggressive, ready for quarrel kind nature. She has no intention to come back but delaying time, please suggest me can I file for divorce? As she left in 2 days the marriage has not been consummated. Please tell me the sections under which I can file divorce.

Thank you

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7 Replies

Sanyam Malhotra (Advocate) 17 June 2012

before the expiry of a year from date of marriage a divorce petition cannot be filed as per sec.14 of HMA. you would have to show exceptional hardship undergone by you and then the court may entertain your plea for divorce.

1 Like

(Guest)

Thank you for replying.

so I am fixed for 1 year + 6 months if it mutual or 1 + years if it is contested divorce. I have to take this mental torture, waste of time, even without my mistake.

It is a curse to take birth in India with such laws.

(Guest)

Originally posted by :Ashish Davessar
"	You can file for mutual divorce or contested divorce before a year by invoking and pleading 'exceptional hardship'. However, be prepared to face any false dowry case if you initiate the process.	"

Dear sir, Is mutual divorce, pleading 'exceptional hardship' possible? What all can we show in exceptional hardship?

Thank you

alexander (nil) 24 June 2012

There is nothing to get despondent. It is life. There must be some reason for your newly wedded bride to behave in such an abrupt manner.

It is true that o application for divorce is maintainable within the first year of marriage unless the situation is serious and possiblly life threatning. You must not say or do anything which would give the chance to other party to slap cases on that score.

What you can do right away is to file a petition in the District Court a petition for RESTITUTION OF CONJUGAL RIGHTS (RCR)under Section 9 of the Hindu marriage Act 1955. It should bring out the fact that your wife has without any rasonablle excuse withdrawn from your Society and as such ThevCourt may please pass a Decree for RCR. If there is on restitution of conjugal relationship within a year after obtaining the RCR decree from the court,divorce proceedings may be started. Failing to react on a Decree of RCR would weaken the opponent's case considerably.

Anand P gupta

amateur Legal reseaech

1 Like

Phani K (Self Emp) 24 June 2012

Thank you Anand ji for your valuable suggestion.

Phani K (Self Emp) 24 June 2012

Originally posted by :Member (Account Deleted)

Thank you for replying.

so I am fixed for 1 year + 6 months if it mutual or 1 + years if it is contested divorce. I have to take this mental torture, waste of time, even without my mistake. It is a curse to take birth in India with such laws.

I deleted my account and again created one, I was in frustration while I replied the above, as it is not my mistake but due to the girl,.. I had to waste my time of 18 months in life.

Thank you experts for your replies and I am proud being Indian.