B Anil (RM) 31 May 2014
Jayendra Sevada (Advocate) 31 May 2014
Dear Anil,
You may approach the competent Court of Law and file a divorce petition on the ground of non-consummation of marriage. You have specifically plead it in the petition as also you have to move an application with the petition that the decree may be granted and the rule may be relaxed as provided under section 14 of the Hindu Marriage
Act.
nisha (student) 31 May 2014
Divorce petition can only be filed 1 year after the Marriage.
Yes ,you can get Divorce without maintenance only if you are able to prove:
1) wife is well off and earns sufficiently well that she can take care of herself independently
2) whereas you earn so minimal that you are not even able to take care of yourself and your parents.
3) you two did not had any marital relation since marriage
4)She loves somebody else and your marriage was just a forcible tie created by her family
But better option is to have a consent divorce that will save your time,money and reputation.
Since you are saying that she already is in love with somebody else why dont you talk to her upfront (without involving your or her parents ) that why is she reacting this way,and that you dont have any problem if she wants to leave you and marry someone else infact console her that you will convince her family also.
Then she should in exchange give you consent divorce and forgo her maintenance.
Jayendra Sevada (Advocate) 31 May 2014
Dear Nisha,
Anyone can file a divorce petition before the expiry of one year but it has to be acoompanied with an application praying the court to entertain the petition and the standards provided under section 14 may be relaxed in favor of the petitioner.
Dear Anil,
The relevant section seeking annulment of the marriage is Section 12(1)(a) of the Hindu Marriage Act.
Nisha is very correct to the extent of maintenance that if you able to show it to the court that it is you who is the victim of the marriage and your wife is a working lady then in that case maintenance should not be awarded to the respondent wife.