Can divorce be filled

@ Author,

1. If marriage of parties were performed in accordance with their Personal Laws and there is no denial to customs followed in marriage ceremonies then such marriage is treated as a legal marriage. Though since 2006 Hon'ble Supreme Court has given direction to all State's in India to get marriages Registered, but still couples are waking up to Register their marriages very slowly. By not Registering marriage the marriage does not become void or null or otherwise. Registration Certificate is not 'proof' of a marriage.

2. It is very strange as you point out under your para 2. However, go to his friends place just un-announced and then and there ask for photographs / album / negatives etc.. Tell him if somebody else did not give his sisters marriage photographs then how he will react ! Btw, your side of family might also have taken wedding photographs ?  Even if photographs not given by his friend the marriage does not become void or null or otherwise, (but his friend can be made necessary party to a particular legal case later on !).

3. leaves are dependent on spouse respective work profiles and the matter of fact under your this para is he did atleast come to bring you back. 

4. Wait for him to come and take you home, otherwise as you mention in your brief, both spouse working at same city in same State so you may also go back on your own as being empowered and adult person and may take assistance of your natal home family members in dropping you back to your shared home.

5. A divorce can be filed only after passing of 1 year in a marriage and not before that unless the marriage remains un-consummated and under valid exceptional grounds that also after seeking permission of the Court on such grounds. 

6. Best guidance i.e. tweaking here and there within parties marriage comes by open talking to each other read with patience and swaying with day-today circumstances such as office policies - leave policies – no phone calls policies etc. and if such cordial talks fails between spouses then next step would be to engage close family members – close family friends to help spouses in leading harmonious matrimonial life. Working couple do have such issues initially in such young marriages as everything seems to be new and adjustments from both sides take its own sweet time. 

You should look towards social answers instead of legal answers as attraction towards legal websites leads to falling into 'adversarial laws' and then marital life becomes harder to retain for long is my advise. 

Sir

I am not working.. i am a house wife now. I am not allowed to go outside house its a strict instruction in d name of soceity that newly wed bride should not go outside alone.. n my hubby does not have time to go out wd me.so basically i am in four walls.

My attached washroom next to our bedroom is locked since d day i came back from my di house its 2 month now it not open nor do i know where keys are hidden /kept.. I have to complete home chores n go n sit upstairs... my sis-in-law n mother-in-law have there room downstairs n  our bedroom in upstairs where i have to stay unless i am called downstairs.

I am worried if he may be thinking of seperation cause even his sister says we are not happy wd you we dont see futute of you both. and he follows her like anything

its only 3 month we got married..... i want relationship to work but unable to figure out how? as

whole my in-law fmly is habitual of not picking or replying our fmly n even my sms. We dont have any common person /fmly who can intervene.

AMong 2 month of my stay at my inlaws house not a single person/relative has visited our house or even his friends. No info they provide when we ask relating to there relatives .Among attending of marraige only 3 people attened among there relatived  who are from other state n no one ready to give us contact no of them .

@Roshni, you are jumping to the conclusions.  May be wrong conclusions.  Appearances are deceptive.  So, pause, your husband is a very busy person and you are not a working woman.  He would be very busy in the working hours and he may not spare a few moments in this hectic pace of life to meet the niceties of initiating or responding to his better half, who is spending every waking moment thinking about him.  The life does not give such luxury in these hard days where one has to lead a life of drudgery to meet the both ends.  Honey moon is not a such big deal and in our country about 95% married couple do not set off for honey moon. You are romantic and he is shrewd pragmatic.  Certainly there are temperamental differences betwen both of you.  But, as you are interested to keep the relationship intact, try to modulate your temporament.  Give a damn to what your inlaws have been thinking about you and how you have been forced to live with them.  After all, it is you and your husband to have to live together and that too happily and raise your own family.  Talk with your husband and bring him around to the proposal that you would also like to work and after he agrees for that proposal get a job.  By evening you both can be free from your work and can spend quality time together.  If your husband is not willing to give you permission to work and force you to stay in in-laws house in the confined state as you described, then I will also along with you apprehensive about his intentions.  But surely it is very early days to assess any person and get a definite opinion.  People change and appearances are deceptive.   So, at the cost of repetition, I say to you and to your parents that not to jump to conclusions in these early days.  Take time to assess the correct situation.   Wish you best of luck and happy married life.

Sir

Thanks for your reply. i would like to add few points

1) We are not thinking of seperation/ Divorce.. but the actions from inlaws n my hubby is making us feel that chances are they are.. so i was enquirires can he file for seperation /Divorce. Our whole fmly is horrified with this thought

2) For me honeymoon is not imp ... but as wife i expect feling of care ,understanding from his but i am not getting it.. Infact Trust is missing .

The day my father had come to take me home for pagphera (real) .He had not taken leave and went office promising he will come station my train was departing at 8 Hrs but he has not come to c/off me to station nor does he picked my phone or sms me

I am worried sir as i m 34 n he is 38..of age n even then he is not feeling imp to our relations.

This all signs are alarming sir.. i have noticed he use to give Gud morning and gud night Misscall to his colleague (girl) ..but in 1 whole month he never gave me nor replied me.

1) My hubby has not yet registered our marriage n whenever i ask for it we have quarrels

But still marriage is binding on both parties

2) Nor has he obtained our marriage album nor had he allowed photographer to provide us our copy ( bride side ) .He had called photographer from his college so basically photographer is his known  and he says unless my hubby allow he will not provide us our album copy.

Such tricks do not pay.  Album is not a statutory document. You have witnesses, invitation card, evidence of Pandit and your relatives to prove that there is a marriage.

3)After 1 week of marriage due to pagphera rasam i visited my didi house with my hubby ....and after 1 week he was required to come n take me back from my didi house but he came to take me after 20 days .

No consequences.

4) Again from 30 Aug 2014 i m at my papa house ( Gujarat) earlier he had promised he shall come to take me on 4/10/14  in dis whole month he has given me only 2 call for 2 min saying his well being n 4-5 sms.. Now probably he may come after 13 is d new sms from his side.

No consequences.

I feel something fishy going on in whole fmly. can he file for divorce?

This is not a plan to divorce.  He is taking some childish attempts to deny marriage.

By the way what do you mean that photographer  college.

@Roshni, I am sorry, in my earlier post I did not give legal reply.  Within one year of marriage parties are prohibited to file divorce case except in extreme hardship.  Hence, he will not file divorce petition till one year is over.  He cannot deny the marriage as you have ample proof.  There is lurking suspicion in your mind he has got extra-marital relationship and as long as such suspicion is there, normal relations cannot be developed.  Engage a private detective and find out the truth with evidence.  If your suspicion is false, you can put proactive steps by walking extra mile to bring healthy relations.  God forbid, if your suspicion is true, then two options are there.  You resign to the fate and pretend that you are not aware of the fact and try to normalize the relations, which unfortunately most of the feminine gender are forced to do in our country.  Or on that ground if you want to snap the ties, then you can go for annulment under Section 12 (1)(c) or divorce on the ground of adultery.  But first your suspicion get clarified. In the meantime, try to engage him with conversation to find out the real reason for his apathy.  Again wish you best of luck.

@ Sudhir sir query

sir, My Hubby  is a placement and admin manager in college.. the photographer comes to there college whenever they have any function... the task of our Marriage photosation was given to him for both parties

@ Chandrasekhar sir

Sir , i am in gujarat and he in Rajasthan. he dont call me nor pick my phone .1 month is over ..he has only sent me 4 sms ....today also when he sms me dat he is not coming to take me now ( earlies he had sms me dat his leaves are sanctioned bet 4 to 8 oct....) i was somehow waiting and today dis sms has made me more negative towards him.. nor any of my inlaws peaple lift our phone.. how do we communicate?

I WANT TO KNOW WHAT ACTIONS SHOULD WE TAKE LEGALLY IF SOMETHING OF THIS KIND IS FROM HIS SIDE..I AM JUST TRYING TO BE PROACTIVE N WELL AWARE OF LAWS...

ADULTERY? N PRIVATE DETCTIVE? can i have some more info on this topic

Roshni...

Your husband is trying foolish methods to deny that he is married to you.

IT appears that his parents are asking him to behave like this.

Or he has found someone else to marry, all of these acts are illegal and will end him up in more trouble.

Try to find cause of why he is behaving like that.  It solely appears that he has taken marrying your decision in hurry and now wants to get rid of you.

In the meantime stop assuming things, and stop thinking that will happen or this will happen.  Take one day at a time, cross the bridge when you get to the bridge.

Only way to get rid of this marriage is by filing divorce, either apply for MCD or contest the divorce when he files for it are the only two options available for you.

BTW is he really 38? and you 34???, you both are acting so childish, you both should have waited for a good 10 years to tie the knot.  You both jumped the gun by 10 years!  Try to convince him to live with you or else only one option, contest divorce, or file complaint against him if he tries to marry someone else.

Suppose if he put topi to you, then file rape case, file 498a, DV, 125 crpc, interim alimony  case against him and dont give him divorce.  

@helping hand

sir..  do u think i n my fmly is behaving childish? or they are trying to act too smart n some fishy things goin on from there side?

He dont allow me to touch his cell n nor i was allowed to go out from house how do we enquire whats going on in his life?

1) I AM ASKING DO YOU ALL EXPERTS ( ADVOCATES ) FIND IT FISHY TOO N ARE THERE ANY CHANCES THAT THEY ARE PLANNING FOR SEPARATION?

2) iF IS CASE YES... CAN WE GET ALL OUR GOLD GIVEN TO ME N TO HIM BACK? AND OTHER HOUSEHOLD ITEMS N CLOTHES BACK?

CAN WE ALSO ASK FOR MARRAIGE EXPENCE (HALF BACK)? N IN CASE WE DECIDE TO SEPARATE WILL HE BE LIABLE TO PROVIDE ME HIS SOME SALARY SHARE?

HE HAD NOT OPEN ANY LOCKER OR JOINT BANK ACCOUNT FYI

Sit back and prepare well for just ONE Cross Examination question which his Advocate will ask you in a Magistrate Court.

Que.: So madam Roshni living at first floor room at your shared household, you used to daily relieve yourself?

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So .........

Why did not you ask above (bold red underlined ones) questions first instead of going round and round with me !

1. First eGyan is to File S. 498 a IPC read with S. 406 IPC.

S. 498a IPC is for 'mental cruelty' to a wife in a marriage and make him (husband), MIL, SIL party and the photographer friend of his as co-accused no. 4. Photographer friend, because he didnot provide you albums of your wedding photos. Offcourse once he is made party he will give you album of wedding photos in Magistrate Court and then seek his discharge, which will be granted, but your purpose of seeing the photos is solved. S. 498a IPC because he keeps the washroom locked and due to which you never ever relieved yourself in that first floor room in a shared home while staying there for 2 or more months in your own privacy. Just imagine how embarrassing it is for anewly wed wife to releive herself in watchful eyes of others in the new family! Also because he never comes home and picks-you instead he leaves you at his home which is in another State as he lives and works in another State. Also because he quite often never lives with you as husband - wife. Also because he sends SMS and not directly verbally talk to you. Also because your MIL / SIL don’t talk to you whole day except when they want glass of water, then they call you from your first floor room to fetch them one glass of water. Also because they feed you (leftover) food once they finished eating which is evident because whole day you sit inside four walls at a room which is at first floor so where do you get invitation to come and do cooking at family kitchen which is at ground floor - Right ?. + Add in S. 498a IPC application; I was given (quite often say it) only 1 bucket of water for bathing? Imagine 1 bucket of water for a 34 years old lady (newly wedded wife of the family). Also add I was made to mop (daily) floor of entire Kothi at my shared household, add till one day I protested (and then all hell broke). Also add, daily I was given by my SIL 1 bucket of water that also under watchful eyes to wash cloths of entire household inhabitants in that shared household which includes personal dirty cloths my Mil + SIL and even whenever my husband used to visit home which he rarely used to, even his cloths also I was made to wash with just 1 bucket of water and then add in same para, my SIL used to stand in the bathroom at the time of my washing cloths of my adopted family (imagine dirty inner cloths of male - females of family being washed by me under watchful eyes of my SIL - how humiliating it is).  Further also because he never makes love to you switching off bedroom lights because he does not have time from work in a outside State to come home and did he not come for long in 3 months of my stay at my shared household? and remember no s*x in a marriage is 'mental cruelty' for both persons. All these are 'mental cruelty' as per S. 498 IPC. Tell readers, did I add or subtract anything from your various briefs, NO as I cannot do so, I have write your true facts in a criminal complaint that also under S. 498a IPC - right !/?
Now let us turn leaf and explain to you, S. 406 IPC because you say here that want back the gold and cloths and your personal belongings back. All these come under 'stridhan' which are allowed for you to have them back as per Law. Without this Section (S. 406 IPC) you cannot get them back on your own. It is got back to a wife only via police because police makes search and seizure and whichever clothing’s / jewelry / household objects you touch your hand in that shared home will be made list of under search and seizure Memo and given back to you.

2. Now the second eGyan you follow is, file a Application under S. 125 CrPC or under S. 18 HAMA (my preference is S. 125 CrPC, check your hired advocate's speciality as he may also prefer S. 125 CrPC or otherwise) for seeking interim maintenance from yoru husband (you asked me how to get money from his salary recall that), remember that you are educated but currently forced to live a life of a housewife, why because your husband says sit at home and be just a housewife as his family custom (did he say that too, must have think patiently!). You need money for buying simple things in daily life such as say toothpaste, remember that, your husband does not have time to shop with you or for you nor he sends money (where did you write in any of your briefs that he sends you 50 thousand or so each month!) So where you are going to go to seek money when you are educated yet a housewife living in four walls of first floor room without a washroom to your privacy? Your in-laws don't go out with you nor they give you money to buy things - right?. S. 125 CrPC interim maintenance is a summary court procedure and you will get it in under 10 months (it is nearly 3 months old marriage and you cannot file divorce before 1 year completes remember that). By the time maintenance is awarded to you one year in marriage passes. Both this and para 1 you can file living at first floor room of the shared household as Hon'ble SC has said number of times a wife is entitled to live in husband's home till divorce happens, only thing you should do (which anyway you are forced upon to do) is stop cohabitation with husband as in wife - husband. This is also easy to follow - right in your situation!. 

Explanation:-

See you may not know, but, I have many good friends here in the LCI forum and they will now pounce upon me now and not you and ask me to explain; What if husband files divorce first? Do not worry, he may not, otherwise he would have attempted by now. Reason being the moment you file S. 406 and S. 498a IPC he along with his family members have to spend next 6-9 months securing AB or regular Bail and comply with search and seizure procedure and will not have time to think on filing divorce first. What he will be guided to file is a case of restitution of conjugal rights. OR even if he does so then you still file divorce under S. 13 (2) (iii) HMA Petition, you will get divorce before he does and then he will go to State’s HC crying how you got divorce and there his Appeal will be dismissed as that is beauty of S. 13 (2) (iii) HMA Divorce Petition when maintenance is already awarded to a wife.

3. Now the third eGyan, the moment you get S. 125 CrPC maintenance (interim) all you have to do is to go to Civil (Family) Court and file an Application for divorce (and do not file for divorce before you get maintenance remember this) and in the very next hearing you will get it, believe me 100% as personal Law has a very typical section in the Act which qualifies you to get divorce the moment very first time a interim maintenance awarded to you and if (maintenance) certified copy annexed in a divorce application U/S 13 (2) (iii) HMA, no further question asked none replied, it can even be granted ex parte i.e. no need for husband to come and file an written statement. There pops a divorce decree in your favour. Bingo.

1+2+3 = All issues (questions) solved.

 

W I F E = Worries Invited Forever (18^th. Century definition)  ~ W I F E = Wife Is For Empowerment (21^st. Century definition)

Now what are legal question before me in this post?

One more thing lady ~ It is requested to hire services of an local advocate found via your personal reference and file 1 + 2 + 3 as legally adviced.

None, un-answered in accordance with Law. Does anyone now have further differences of opinion with my above 1+2+3 reply paras !!!

Now don’t you think you are FREE from a bad marriage where you were daily staring at a closed washroom with no money to buy even toothpaste and all your gold and belonging kept with them and top of all these no photos of wedding even to time pass 24x7 sitting idle inside those four walls with no direct call (conversation) with even a husband and probably not even enough s*x so what are you supposed to do in such young marriage when he does not support you nor your in-laws supporting you nor there is any Aunty in the neighbourhood with whom you can share your worries - turmoils - apprehensions (yet you have Google ji to come and land at a Legal Website full of master class advocates), so naturally you get your FREEDOM what else, it is as simple as it laid out in 1+2+3 and once you have your interim maintenance and before that your gold and belonging your divorce is also delivered to you as that is Law and now all they +/- (HE) has to face is S. 498a IPC and State prosecutes him on your behalf and your presence is required in Magistrate Court hearing S. 498a IPC complaint case  only at the time when your Examination (evidence) takes place that is why I prepared you with a very basic question in the very start of this longest reply of mine. Don’t you think now you have all the time to prepare for just one basic question in your life? Say loudly, YES I DO.    

So allow me to now wish YOU ~ GOOD LUCK lady.

You are correctly guided in that link (emotional wellness BBS) and for legal guidance I have guided you correctly as above large piece is worth framing on one of the walls of your first floor room at the shared household is my view. Choose either of the suggested path (i.e. emotional wellness OR legal path) when patience and will power fails as you are 34 years old prime age lady and not in your sweet 20's and also remember Karvachauth is approaching around the corner what if he again does not come HOME. 

HMA = Hindu Marriage Act
IPC = Indian Penal Code
CrPC = Criminal Procedure Code 

S. = Section 


[Last final reply]

@ Tajobsindia ...Sir

i want my marraige to survive at any level... but his actions are making me more n more depressed.. I dont want to get sepearte but i am learned now this fmly is preplanner ..whatever they say has some action reaction in near future.. that why i was wondering if he was thinking for sepeartion...

i dont want it i want to make my marraige work i dont know how .. cause he is not attempting only its me .. nor does his fmly members.

11 oct is Karvachauth... its 1st for me i dont know if any one could understand how a girl shall be feeling if she knows her hubby is not coming to take her n she has to perform puja alone... i am north indian sir.. in north india karvachauth is very special .. i hope u all can understand my deliema...

its againt my self respect even then i am maintaining n performing my duties to make dis relationship work as wife n baahu  or bhabhi but dis ppl are cold hearted..

pls help me n guide me what should i do to make his pressuriise legally n make our relation work...

i know i am asking too many questions.. i may be irritating also but i am going thru huge tentions because of dis...

pls guide me all ur expects guidance can save my married life

sorry i forgot to answer about washrom query of urs

i was made to use downstairs wash room but there i was made to give 1 bucket 2 buket water for washing clothes saby my MIL.. She use to seat next to me n pour water counting amount of water i use to wash my clothes

even for having bath /head bath i was told /instructed only in 1 bucket you need to take bath...

sir i am doing moping at my house since 6/7/14 for upper home and for down stairs mate is coming and my marraige was on 4/7/14 .. i hope now the behaviourr is clear . and i am been made to do mopping n my MIL will be standing and make me sweep n mop as per her insruction which i opposed so now it has been stopped.