Divorce

On the ground of mental absence you can seek for divorce, but just it is 5 months marriage.

Yes Sir this is 5 months old, i think this was old problem.

Pl let me know how much time it will take for EX PARTEE decree and i do not have any medical reports but ihave some mms in which she was mentally absent

If you want to get declaration of marraige as nullity then you may file your petition under section 12 (1) of HMA and if want to seek divorce then shall have to wait for 7 month more period.

There is no such thing as ex-parte divorce if the other party decides to contest.

It is not a fit case for nullity, as even after knowing about the problem you are cohabiting, only because you are not emotionally and physically satisfied, you are seeking an end to this marriage.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1. Define/ describe   strange behaviuor
2. mental imbalance

Pl. note that  marriage is the biggest event in life and any one expects it to be as rosy as seen in films or novels then he is wrong. At times there r some plus or minus on either side. There is no perfect person. Instead of recruting new staff corporates spend millions to improve their existing staff by having trainings, workshops, counseling etc etc. They are always reluctant to issue a memo and think hundred times. 

Unless you describe how diificult is your situation and that you have taken all pains as a responsible family member and as a husband, as elder  it is not right to advise help you in breaking a holy family. How can one venture in to that and earn bad karmas??

It is not right to give a quick fix solution to motivated person seeking advise without making full efforts to repair the house . Even if I call a kadia / a mason and ask him to to demolish the house because I find a crack / or bad vastu etc he the illetrate poor person does not allow me to do so and says saab we will set it right and you dont have to demolish same.

Can a learned, well set person advise anyone to demolish family for mionor cracks??  Repair relationship, expect less from life, attempt seriously to improve mental and physical health of spouse, join spiritaula programme, go to holistic relationship counselor, go to mental health expert. And if you fail come back with full story and this graet forum is there for miserable sufferres but not to those who want to take undue advantage. I am in favour of divorce but in those cases where same are really irrepairable inspite of  all experts  intervention. Advising for divorce to curious / mischivious is like advising euthensia for recoverable patient ( are we jallad) but caregiver wants patients death for inheriting his estate.

In one  case  boy had promised to his girl friend that I will divorce my wife with in six months and marrying only for social and family reasons. He made her  life all demands of fun and festivity from parents of bride. His friends and family enjoyed all events and exploited every possible opportunity during marriage. And lo  immediately after marriage boy became dry and disassociated with this innocent bali ka bakra bride. And that made her loose her temper, become impatient and impolite. So it is the environmet which makes or mars the behaviour. May she has differant things to tell.

My response is only in supplement to the advises given by Mr. Alok Tholiya and sh. shonee Kapoor.  If you can follow their advises, you follow them.  If not,

1.  With the grounds alleged by you, it is difficult for you to get divorce, even ex-parte divorce because you cannot prove your grounds to the satisfaction of the court and even if the grounds are proved, they are not sufficient enough to get divorce decree.

2.  You can go for annulment decree under Section 12 (1)(c) under the ground of concealment of fact relating to your wife that she is not mentally balanced.  If the other party choose not to appear in the court, then you have the chance to get annulment decree.  If they appear and contest, then, it is difficult for you to get even annulment decree. 

Dear Mr. Rahul, I support what Mr. Alok tholiya wrote. Life is not always chosing what you like. You have not given enough time to understand the relationship of a husband and wife. Please try to understand your wife's side and do whatever you can to bring her to normalcy if at all she is "mentally not balanced". Even the "satisfaction" you are talking about is related to your own mental balance. Please do not jump into conclusions. Give yourself and her sufficient time to get emotionally attached. Things are not always same. By god's grace, you may find her to be most lovable. Go to counsellors, psychologists and others who can help you save your marriage. Divorce may be an option only when you have sincerely tried all other options.  After all what is the guaranty that you will be satisfied with your next marriage, if you decide to go for it. Please do not misunderstand me. I am talking with sufficient experience with the close friends and family members and my own married life.

I am sure you will be a happy man soon. all the best.

I agree with the krishnamohan suggestion and go throw it. If your wife will not change her behavior after taking all curable remedies than after you can seek divorce from your wife. This is also chance to prove her mental imbalance in the court or arbitrators.  So don’t loose your patience until your wife is cure.ok god bless you.