Divorce without wife's consent
2 years ago
We got engaged in Jan 2020 and got married in Nov 2020. It was arranged marriage and at that time we mentioned that after marriage we will get settled in Gurgaon, but due to COVID situation, we couldn't do it.
Between the engagement and marriage as well, we didn't got to meet in person due to covid, and our phone conversations were also limited. We both had some bad feeling about it, but we both assumed, that after marriage things would be better.
From the 1st month of marriage itself we started having disputes and its been 15 months now and still we are having disputes.
Main concern is we don't understand each other, my wife always brings out mistakes in me and when I explain, she doesn't agree with it as she has her own point of view, even on Jokes, she assumes differently.
In 15 months, she has spent around 7 months at her place only. Currently she is at her place from past 2 months and has refused to return to my home until I get a place in Gurgaon where we can reside.
Below are the grounds I would like to file for divorce, we are married since Nov 2020
1. We haven't had a successful physical relationship yet, both of us are still virgin.
2. We even took marriage counselling in Nov and Dec 2021, and even counselor suggested her to change, so counselor is also in my favor. Counselor's comments were if she can't change her perspective, then this relation cannot run longer and better to end instead of dragging.
3. We do not agree with each other
4. There hasn't been a single month, where we didn't had any major fight
5. She has spent 3 months (Aug/Sep/Oct 2021) at her parent's home after our fight, also currently she is staying at her parent's home since 1st Jan 2022.
My queries
1. What are the chances for me getting the divorce, if its not mutual consent, as her comment was, you file for divorce, notice will come and we will respond.
2. Will I would need to pay any alimony to my wife. My monthly income is 15LPA and her monthly income is 20000. I do not have property on my name
3. How long will it take to get divorce
A.Dear Sir,
My answers are as follows:
1. What are the chances for me getting the divorce, if its not mutual consent, as her comment was, you file for divorce, notice will come and we will respond.
Ans: It may prolong unless she agrees for mutual divorce.
2. Will I would need to pay any alimony to my wife. My monthly income is 15LPA and her monthly income is 20000. I do not have property on my name
Ans: You may settle the amount otherwise she may file false cases against you and your family members.
3. How long will it take to get divorce
Ans: If it is not mutual divorce it will take two years in family Court and another two years in High Court.
You have valid ground for seeking divorce. You may proceed to court and file an application for divorce. The court will observe the facts and your wife's demand and upon it's best understanding will provide you the judgment regarding alimony. So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court. In case you want to go for quick divorce, mutual divorce is an option.
Thanks
Regards
2. The Alimony or maintenance depends upon what she is asking for and what the court decides.
3. MCD 6-12 months Contested more than 2 years.
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