Need a legal advice – Wife Denied to give Divorce Need a legal advice – Wife Denied to give Divorce

4 years ago

I am relationship with a my girlfriend from past 5 years and we both wants to marry.
But my parents forced my marriage, including the girl's family members.
The girl's family beat me up and I was afraid that those people would not kill me, so I kept doing as they said.
Despite being aware of my relationship with my girlfriend, the girl's family members forced me to marry their daughter.

I have been married 7 months The girl lives in her mother's house only.

1 month after of marriage I went to her house to end this marriage. But she denied to give me divorce. It was late to go back to my home. Her family not allow me to go outside as area was unsafe to move outside at night. So I stay at her home for the whole night. She came to room where I was sleeping and said I will sleep with you only . I don't want my family to worry about our relation . I ll not do anything till you don't want to come close with me. I say Ok FINE.

After dinner, she give me 1 glass of milk . I drunk it and went for sleep. When I get up morning I found that there is no clothes at my body. She was with me at that time . I asked her what happen yesterday night . She said I have done intercourse with her. I was shocked then I realized ,it was her /her family planning to implicate me so that no option will be left to end marriage.

I realize that she added some pills which can make my mind unconscious . During that time she have taken advantage of that. I don't have evidence of this . But I cannot do sex with her, I believe on myself because I love my gf. I cannot hurt her by doing this.


But that girl(legally wife) has reason to do this. She know very well if she will be pregnant by me than surely my gf will left me . If my gf left then I won't have any reason to give divorce.

Now she is pregnant with 6 months .

But somehow I told this mishappening to my gf. She forgive me . And still we want to be live together.

I want to know how I can get rid of this marriage? Under which ground I can the file solid case?
Please provide me the solution.
I'll be great thankful.

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
You may take divorce before that you are advised to go through the following FAQs.
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FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Rishabh Kamal

Responded 4 years ago

A.You cannot go for divorce, as you have been married for less than 1 year.

You can give a complaint of the same to the nearest Police Station, which will help you if you contest for divorce ahead.
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