Divorce in 3 months after marriage
2 years ago
Hi,
I had got married on 10th December 2020 to a girl from Civil Lines . After 10 days of marriage we went for our honeymoon to the US for 2 months as I am a permanent resident/ green card holder of US . We came back on 16th February 2021 to New Delhi and my wife went to her parent house for a week and then came to live with me on 24th February . She ran away from the house to her mother’s place on 24 th March.
She was very compulsive , manipulative and would make False stories all the time . She was extremely jealous and cruel towards me and still me and my family had never reacted or treated her in a bad manner . We always treated her like a daughter . I spent 40 lac on our honeymoon including shopping,living expenses and food and all . Pre marriage all the expenses of the functions and everything wa sheared by us . We did not demand anything in terms of our marriage .
She was an alcoholic and a chain smoker which I did not know about before marriage . She behaved very erratically during our tenure of marriage all the time and degraded me every time and I still did not react badly with her . She used to take a lot of medicines with multiple use like depression , pain killers, medicine to alleviate the effects of alcohol and tobacco on the heart which I never knew about before marriage
Our marriage was never consummated as she would always put me down during our intimate moments . She ran on her own on 24th March 2021 of which we have the CCTV recording of her going on her own by her own will .
Now it has been 2 months since she has gone and there is. I progress on the divorce front so I want to know on what grounds can I file divorce and what is the best course of action . Please advice
Divorce cannot be filed within the first year of marriage. You can approach the court for annulment of marriage, as the marriage was not consummated. It would be very hard to prove though.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Divorce can be filed only after 1 year of marriage.
Since, there is no consummation of marriage, you can file for annulment for marriage in the court.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
- You can go for annulment as marriage is not consummated but you have to prove it.
There are another provisions under Hindu Marriage Act, 1955 like VOID and VOIDABLE marriages under Sections 11 and 12. Under Sec. 11 (read with Sec 5 (i)(c) ) you can move the petition to the District Court to pass an order to declare the marriage as void since the respondent is insane. Else you can move a petition under Section 12 (1)(a) claiming that the the marriage is not been consummated since the respondent is impotent and hence the marriage should be annulled as voidable.
Please get in touch with a good divorce lawyer and move a strong petition so that you can get the relief in a fast and easier way.
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