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(Guest)

Mutual divorce within 8 months

Dear Members, I have already posted my marriage details but it seems to have confused everybody. I will just state the facts.

Groom ( 31 yrs) ( me) from tamilnadu. Bride (26 yrs) from Karnataka. Arranged marriage in Jan 2011. Both are employed.

Bride refuses to have physical relationship after marriage citing fear, ( Till date no physical relationship)

Bride askd for 3 months time shift to grooms place citing employment reasons. Groom agrees but bride refuses to shift stating that she will shift only if she gets a job. Groom and his family try hard to convince but bride doesnt listen to anyone. Bride still in maternal home after 8 months of marriage.

Frequent fights because of bride not shifting and frustration for the groom due to no physical relationship.

Ultimately bride askd for divorce. Groom's family tries to convince but she doesnt not listen. Groom files RCR, bride doesnt showup in the 1st hearing.

What is the fastest way for the groom to escape from this hell and get a divorce -  Mutual ( is 1 year required and should i wait for another 6 months), or on the basis of cruelty. God someone please help me. My parents are devastated and my life is totaly spoiled because of this marriage.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 August 2011

You need not wait for one year.  Both will have to file consent divorce petition in the court.  Court will ask the reason for early divorce then  both can submit before the court that there is no chance of conciliation.  Defiantely divorce will be granted by the court.

Rahul Arjaria (Law Student)     18 August 2011

Hi!

You may file a request under Sec 14 of HMA for divorce as the court has power to grant divorce decree before 12 months of marriage on special grounds that of extra ordinary depravity & cruelty.

Also you can file request so as to declare your marriage Voidable as there is no physical relation has happened. File the suit asap & inform the Police Suprintendent of your area and of your in laws as well in writing so that you will have a firm ground to protect yourself & your family against 498a.

Wish you the best.

R.Soundrarajan (Advocate)     18 August 2011

Sir,

 

      You have file petition for divorce mutual along with petition under section 13(B) 7 for waiving the statutory period six month.

Nadeem khan (asso. software engineer)     18 August 2011

my bro was married in last nov and after three months my bhabhi filled the 498a case and the investigation was on for 3 months and lastly she came and done the comprimise wid us without any problem and by her wish only & she is ready to come to our house and the case tagged FR and submitted to the court also we told at the time of comprimise tht will take her only when she completly close the case from the court and from than she and my brother will stay apart from our house wer me and my mother & sister stays wid me for safety reasons from next 498... she started speakin wid my bro on the phone and one day again she started threatnin my bro tht if he wont take her in two days than she will reopen the FR in the court and again will put me my mother and my bro in jail. now we dont want to take her anywhere and want to settle it for end the relationship. Can she open the FR and we have filled case sec 9 one month before she filled 498a case and now the court hearing is on 29 june of section 9 now wht reason and answer will give to the court tht why we dont wanna get her with us.how can she open the FR and how much time it will take to get open the FR in court and will case again come to the police station or it will remain in the court.

Now wht should we do in this situation cuz we feel that if she comes to our house again once again she will file another 498a and this time she will do big NATAK. so we dont want her to take with us.

Please advice me,Now what should i do

bhanupothula (lecturer)     19 August 2011

Hai, dis is BHANU B.A.LL.M:M.B.A, ADVOCATE, according to me as per sec 14 of Hindu Marriage Act provides you relief, when it is panic & unbarrable to continue the relation with the spouse,the party can approach a special petition for divorce,if it satisfy then granted,but it is  purely on discretion of the court.Before that yourslf meet with the local police to avoid the consequences of Sec 498A, Domestic violence Act,Sec 125 i.e maintanence from ur wife. good luck 

girish shringi (advocate)     20 August 2011

dAY BY DAY these kind of problems are increasing nationwide and large scale of discussion going on on the isssue misuse of 498.

Beware of the consequences been faced by the groom  & his family.

Meantime a mutual consent and interim relief is to get divorce notarised in the witnesses of both the families respected persons.

Despite as per Law its not the registered divorce but it gives relief for the time beign till one gets divorce from the court.


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