LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

krishnaleela   04 January 2015

Divorce

Hi,I recently got married in Kerala and staying in delhi with my wife.

Things not working well between me and my wife,so i planning to divorce.Please let me know the procedure for it.

Also we haven't got marriage certificate from Kerala yet.

If my wife doesn't gives me mutual divorce which is alternative option for me and how long will it take.



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     04 January 2015

Give complete facts of your case and all details regarding your marriage like when did your marriage solemnised , according to which rites and custom , any child , cause of differences , efforts done by you to save your marriage etc .

krishnaleela   05 January 2015

29th June 2014 Hindu Marriage, and only on temple record book we signed as married couples.

No Child we have

It has just been 6 months of marriage we didn’t had single day of peaceful life, earlier we used to have verbal fights and now we have physical fights.

My wife is a lawyer and comes from well know lawyer family, I am an IT guy.

After marriage we used to stay with my parents and everything was fine, but slowly she felt she is out of box and we had to move out to a rented apartment and stay separately, but the way she chose to get out of home was emotional blackmail, threatening to cut her hand, roaming in midnight. I thought things will be fine even after moving to new home, but she remains to same.

My parents have never said a word or did any action to my wife, they have always be caring about her that’s why even when she did all tamasha my parents without a word agreed to her whim and fancy’s

She decides what I should I eat, whom to meet, when to sleep, when to work. She doesn’t allow me to meet my parents or relatives, whenever I plan to go home she make excuses and fight starts.

She is over-possessive about me in negative manner that she has killed my social life, but she forces me to meet her friends and accompany me in her social life.

I even approached police, but they told me better to agree with my wife demands or I will land in trouble

I tried talking to her lot of time about the differences, but she always suppress my talks and make me agree that her decision is right. I have told her many times about divorce to her but she take it lightly and I am sure she is not going to give me mutual divorce.

I have constant fear that she will harm herself or implicate me in false case and put me and my family In trouble

Even I tried to contact her family, but they won’t come and talk to me as she has told her family it’s her personal matter and she will solve it.

In this marriage no dowry or no demands were ever placed by my family or me, even though they tried to lure me in to expensive gifts but I completely denied them.

 

Please advise me on legal front to get out from this web as soon as possible.

Laxmi Kant Joshi (Advocate )     05 January 2015

Krishna within a year of your marriage you can not file for divorce for that you have to wait for its one year completion , in between this period you can gathered evidences of her cruelty record all her threatening calls , abuseive calls,emails in your mobile phone , if she attempts or threaten you for suicide immediately report to the police station in writing and keep the copy with you it will used in future , after one year of your marriage you can file divorce on the ground of cruelty u/s 13(1)(i-a) of hindu marriage act , or if she will also ready for divorce then you can opt mutual consent divorce .

SuperHero (Manager)     05 January 2015

Some additional information is as follows.

Collect evidences.

From Ramachary Garu –

The Bombay high court on Tuesday waived the mandatory six-month waiting period for couples, who, during the pendency of their appeal against the family court order, decide to end their marriage through mutual consent. Appeals against family court orders are heard by the high court. The latter can now instantaneously grant divorce.

Please go through the following......

https://www.lawyersclubindia.com/forum/Mutual-divorce-husband-refused-to-give-consent-in-court-114760.asp#.VKq-wCvF-zI

https://www.lawyersclubindia.com/forum/Maintenance-to-wife-in-divorce-op-who-filed-498a-dvc-rcr-114604.asp#.VKq_QSvF-zI

https://www.lawyersclubindia.com/forum/Really-confused-114587.asp#.VKq_YSvF-zI

https://www.lawyersclubindia.com/forum/Eligibility-of-wife-for-alimony-114574.asp#.VKq_jCvF-zI

https://www.lawyersclubindia.com/forum/Please-guide-114351.asp#.VKq_2CvF-zI

https://www.lawyersclubindia.com/forum/Not-a-peaceful-married-life-114368.asp#.VKq_1SvF-zI

 

Last but not Least – if the case is contested then Courts will teach Patience and Tolerance - And at Last Time Wins.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register