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Tushar Deshmukh   11 April 2018

Divorce after 2 months of marriage

Hi I got married in Feb 2018 and after that I stayed at Pune with my wife before this marriage I broked my engagement with another before six month. That I have already informed to my wife's family and her before marriage also I have cleared my nature of job like night shifts and Parties etc all. After the 1.5 half month of marriage my old fiance contacted me and we had chat for 5 days on WhatsApp .My wife checked that and I also confessed on front of her yes that happened but that was just for 5 days. Now she is staying at her parents home and asking me for divorce and also pressurising me that she will file dowry case against my family and she is sure she don't want to live with me anymore so now what can I do. Please suggest.


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 9 Replies

Suri.Sravan Kumar (senior)     11 April 2018

mere chatting with old fiance is not a valid ground for divorce

Tushar Deshmukh   11 April 2018

But still she is forcing me to file divorce and pressurising my family too what should I do now ?

Tushar Deshmukh   11 April 2018

But still she is forcing me to file divorce and pressurising my family too what should I do now ?

Suri.Sravan Kumar (senior)     11 April 2018

on what ground?

Tushar Deshmukh   11 April 2018

On both grounds that I drank sometime and chatting with my old fiance and now she is saying that I have bitten her and all. She is still at her home since 7th April I have tried to approach then and said if I have done any mistake I can confess that and ready to apologize but she is not ready to agree.Even she locked my Pune flat and she is having key of that flat .

Suri.Sravan Kumar (senior)     11 April 2018

that is not a valid reason for divorce. She needs some counselling. Consult a good counsellor in your area.

Siddharth Jain   11 April 2018

Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
For any other queries feel free to contact me at isidjain1@gmail.com

Vijay Raj Mahajan (Advocate)     12 April 2018

When wife ask for divorce the husband should consider that as a big prize won in lottery. Its the otherway round that husbands are eager for divorce and wives not agreeing for it, rather intimidating the husband's side to extract huge sum of money.

Just agree for divorce to be taken by your wife without claiming and permement alimony and maintenance and taking back her istridhan that she brought with her at the time of marriage.

The divorce by mutual consent will not be possible now as the marriage is hardly 2 months old and the condition for divorce by mutual consent has to be a separation of 1 year or more between the parties which is absent in this case. In such case best way to workout is that wife files for divorce on the ground of cruelty and along with the main petition for divorce (for Hindu marriages)  u/s 13(1)(ia) of the Hindu Marriage Act,1955 along with the application u/s 14 of the HMA for hearing the petition within the period of 1 year as the case is based on exceptional circumstances. The Husband after receiving the court summon does not oppose the petition for divorce and Family Court decides the divorce petition ex-parte in favour of the Wife. Both parties can get decree of divorce that can be used for future by both as and when required.

Tushar Deshmukh   12 April 2018

If she is will file divorce do I need to sign those papers or not.

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