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sundu   13 April 2015

How to apply for divorce after 5 months of marriage

I am Sundeep Kumar , currently residing at Chennai. I got married on 01-Dec-2014 with a girl from kerala ( my parents native place). Due to job My parents and I have always been in northern part of India. During the marriage as well after weeks of marriage there were issues from girls father , who has been speaking ill about our family just weeks after marriage in the town where we belong. 

 

The girl lost her mother while she was 3 years old and since then she and her brother are sataying mostly in realtives palce or at hostels. 

 

her attitude was good upto few jan first week. after that when her attitude and ebhaviour started changing I started investign her phone calls by menas of the software that was available in the phone . And from the phone conversation I came to know very disturbing conversations that she had with her step mother , father and sister . 

 

Due to her wrong intentions I warned her , however she still contined and when it was unbearable i reported this to the womens police station who ddint resovle the issue at all. I wanted to warn the father of the girl. After this incident my wife she started behaving very rudely and was trying to go out of home . She wanted to go to her home to fetch the certificate and to make this correct , since first week of Feb she is not residing with me anymore and I have lost the trust and faith in her and would like to apply for divorce .

 

Also please note that from the known people around I came to know that she is pregnant and looks like 4 months  pregant . 

her father has been a pain since the day of ammriage and have always spoken ill about me . I have phone recordings of these .

 

Please provide your idea. 



Learning

 20 Replies

Saurav (Engineer)     13 April 2015

Is that ur child 2

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 April 2015

Sir, Seeing the allegations it looks the clear case of cruelty, but since one year has not completed applying divorce is not a good option as there is bar of 1 year for applying divorce after the date of marriage ... Warm Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     13 April 2015

since you cant go for divorce within a year of marriage you can apply for judicial seperation u/s 10 hma.

sundu   14 April 2015

Before she left my home we did around two test at home and it was found negative .. I am not sure whether the child is mine or not .. 

 
If I apply for Judicial separation .. the unborn child will it be an issue . 

SAINATH DEVALLA (LEGAL CONSULTANT)     14 April 2015

Want to get separated after 5 months of marriage, due to arrogant behaviour of inlaws and then the wife.Marriages are made in heaven but divorces are planned on the earth as and when required by either party. There is still something vital missing in UR query.Why did UR 2 month old wife suddenly side with her father?  What were the tests conducted in UR house,which were found to be negative?  Didn't U have s*xual life with her those 2 months? How do U conclude that the pregnancy was not because of U? Answers to these questiions could yeild a solution.

sundu   14 April 2015

The child is possibly mine , I agree that I had physical relation with her . from the converstations that I heard from her phone calls to her step mother and with her sibilings thay have been feeding wrong inputs about me and our family ..

 

1. our family is money hungry mentally retarted people 

2. she take take control of money and other materials 

3. she should not give respect to my parents etc .. 

 

these are the thoughts given by her p[arents and her step sister to her .

 

also from speaking to her frineds who studied at her college I came to know that she agrees to everyone adn will speak opposite way and vice versa.  This rasies a question about her soundness of mind too in my perspective .

 

Also at the time of talking about the marriage with her father he told that she just needs to write two papers ( arrears)  They never revealed the true education status . we before hand itself informed to her father that I am looking for a educated girl.

 

Another point is the they are from a christian community who dont wear jewels . To this also we asked the girls father to confirm with his daughter she is willing to wear jewels after marriage . he inisisted that if he asks her daughter to do something she will do it . we tried to drop this marriage proposal several times . but he again and again confirmed that her daughther is willing to wear jewels .

 

there is no case of dowry as we hjave not taken a single penny from her father . instead we ourselves purchased the ring that the girls side should purchase for us . Even the bibles that they exchange was purchased by us . 

 

 

sundu   14 April 2015

edit 2. she should take control of  my money mattters etc ..

 

there were few differnece of opinon during the marriage and after marriage . such as they never invited me to their home for the rituals after the marriage. not even until Feb. they never considered me as son in law . instead has been bad mouthing to the every people who is common to our family and its been a mental stress for me due to which I had bad performances at work and they released me stating bad performance as a reason. I dont want to live this girl anymore . Its better for me to live alone till the end of day of my life .

I just want to get over with this divorce .

sundu   14 April 2015

we did home pregency tests with the help of kits available from the medical shops and one of these test was done at hospital ... 

 

as she was leaving my home her menses were not happening and I in the view of the problems that  arised I suggested her to contact a doctor at her home town and stop the pregnecny if it happened . 

 

after few days she called and she in fact started kind of threating that she will send papers from her side etc .. ( was talking about divorce in fact ), at that time when asked her about the menses she said that its been cleared , I was under the impression that she is not pregnant.  THere is no trust between us anymorte and I can expect this relationship to work out anymore ... just yesterday we received a news from the knwon person that she is pregnant probably 3-4 months and was visiting doctor. 

 

I am not sure how to handle this situation. I am just looking at the option to get a divorce . an year or two and then I need to focus on my job too . which I cant focus when there is this mess around me .

Ususally at chruches we have pre-marriage counselling, we asked her father to send his daughter once for pre-marriage counselling to which he has denyed . We even asked for enhagement to be done at leadt by august 2014. again he denyed saying that his daughter wont get leave ..

 

Looking at these I believe he has well planned to trap me . and to use my resources for his family's welfare. even my wife started enquiring about how i transfer money from my account and how to do it etc. suspecting her I never shared these details .

Her father is jobless and has been acting as a pastor and running a local church at home.  please guide me ...

SAINATH DEVALLA (LEGAL CONSULTANT)     14 April 2015

Is UR's an inter  community marriage? The reasons U have quoted are minor in nature, not fit for breaking a marriage. What made U conduct pregnancy tests at home? Who advised U for that? After going through UR  lenghty scriptt , it is deemed too be understood that  U could be an introvert in nature. Leave aside the mentally of UR father in law and others, U should have taken UR wife into confidence and acted. i am not entirely supporting her but U should have shown some restraint, because the marriage is only 5 months old

sundu   14 April 2015

it could be said as inter-community marriage .. 

 

i tried to make this correct many times by suggesting her that she is going off the line and have given her many ideas . she is talking ill about evryone at our home and when the phone call with her family is over she is talking very sweet and acts like she is giving respect to everyone at home including me . but on the phone phone call that i heard ( she having with her father ) there is no repsct for me as a husband . 

 

you can say that I am introvert, when I married the girl she too never shown interest towards ghoing outing such as a walk in beach etc.. she wanted to go to chruch and I took her to church . 

 

we took the pregnancy test at home becuase her menses were stopped and that as per her was an indication . as she studied B.Sc nursing .

 

Sainath, asl o her parents and herself has hidden the fact that she never passed any of the exams in the B.SC and she never had an interest in learning . we said to her father mulitple times that I need a wife who is educated so that she can take care of family  If i lose my job as I am working in IT sector .

 

Kidnly suggest how I should take this further ..

sundu   14 April 2015

please note that she left home right after one and a half month (, mid of feb  45 days approx after marriage ) , leaving a complaint at the womens police station .  and since then there is little contact with her . I am not interested to talk to her anymore . 

T. Kalaiselvan, Advocate (Advocate)     22 April 2015

This seems to be dispute over trivial issues which can be solved but not at all fit for divorce.  No ground can be made to divorce,hence either visit the local marriage counselor for advise or remain calm for the passage of time which will answer your problems.

Adv k . mahesh (advocate)     22 April 2015

yes

this is not a fit dispute for divorce and for divorce any how you have to wait for one year and already it is 5 months passed wait for another 7 months and decide what step you have to take and also here if she is pregnant then she may change once the child is born and she may give more importance to you and at this time it is not advisable for both a legal solution but a soft discussion and confidence will solve your problem

sundu   22 April 2015

She  has already left my home and I have no knoweldge of her whereabouts . One of our family mmeber tried to mediate this issue and tried to resolve this by talking to her father . He ( the girls father) said to my relatives that he is not ready to send his daughter to matrimonial home and said like his daugther will listen to him only and he will wait for 5 years after which he will get his daughter remarreid .

 

The message of her bearing a child turned out to be false when my realtives talked to her father ... 

 

THere is no trust in this relationship anymore and I just wish to get my life back  . Cant be beating around the bushes forever .

 

All these drama of daughter (my wedded wife so far)  and father is very disturbing and IT has affected my job performance because of which I am changing my job .


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