Me and my wife got married in january 2024,it was arrange marriage setup due to compatibility issues and alot of fights from day of marriage since april she left my home and went to her parents home, we are not staying together since april now, us and our families also were in no contact mode , finally in august we asked for meeting to discuss matter further and on 25th august after meeting with families, girl and her family went and filed Nc in police station against me , and wanted mutual divorce, I gave my consent for mutual divorce , but now in october they have filed complaint in NCW women cell something for reconcile form their end. Now I dont want this marriage to continue and need mutual divorce, what do I do ? Please suggest as I dont want to continue further in this marriage Also that girl , has alot of short tempered ,anger issues, she didnt want to stay with my parents , she left her job too just before marriage without informing or letting me know, we even dont have any physical intimacy since march which is just 2 months after marriage, she used to bang her hand in anger on wall, also tried suicide attempt just 2 month after marriage, her father is in police so started thretening me that they will put me in jail or something.
Only on expiry of one year can you file for contested divorce
2) for mutual consent divorce you need to stay separate for period of one year
3) file for divorce on grounds of mental cricket
4) wife threatening to commit suicide amounts to mental cruelty
1. Convince your wife to agree for Mutual consent divorce, which is the best form of divorce when compared to the contested form of divorce.
2. Mutual consent divorce saves time and money. By opting for MCD, the couple can mutually and amicably settle the division of assets and liabilities, alimony/maintenance issues, etc.
Now , when they have filed complaint in NCW women cell something in this month, they called me for councelling round, the lady asked both parties, I told my whole story and points clearly that I dont want to continue and need mutual divorce I am ready to pay amount they ask, now the councilor from ncw women cell has given new date in this oct end and have asked to bring expectations written to reconcile further, but my decision is final. what do i write in expectation now ?
You can write the following expectations from your end:-
1. The amount of one-time alimony you can give to your wife.
2. Your wife should not file any false complaint under 498A, DV Case, etc in future.
3. Your wife should withdraw all the complaints lodged against you so far.
You can take the plea that no reconciliation is possible and are willing for mutual consent divorce
You have to wait for at least one year completion of marriage to file even a contested divorce case on the grounds of cruelty.
For filing a divorce case on the grounds of mutual consent, it is pertinent that you both should have lived separately away from each other at least for a period of one year or more.
If you are not willing to continue the marriage and have decided to get divorce from her then you can inform the police about it
If their demand is money then you can negotiate the settlement.
Whatever you may have to wait for one year to file a divorce case hence take cautious steps now so that the police don't take any adverse steps against you for not obeying their dictates influenced by her police father.
In settlement you may have to strictly inform that she should withdraw the case filed against you and to give an undertaking that she will not file any case in future too.
If you are not willing to continue the marriage and have decided to get divorce from her then you can inform the police about it
If their demand is money then you can negotiate the settlement.
Whatever you may have to wait for one year to file a divorce case hence take cautious steps now so that the police don't take any adverse steps against you for not obeying their dictates influenced by her police father.
In settlement you may have to strictly inform that she should withdraw the case filed against you and to give an undertaking that she will not file any case in future too.
Under Hindu law, a marriage can be declared null and void if it violates certain conditions, or if it is voidable and can be annulled. Nullity, also known as annulment, is different from divorce. You both will be called as a Non-Divorcee. means bachelor and spinster.
Don't go for Mutual divorce, and there is no need to pay any payment. Before one year of marriage, you can file for Nullity of marriage. If there is a non-consummation of marriage.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If you want to live with her then file a petition for restitution of conjugal right before the family court for directing her to live with you,
- Further, if she deny to live with you, then she cannot get maintenance from you.
- Further , if she is not interested to live with you and you also want divorce , then take her consent for mutual divorce, and if not ready then file a contested divorce on the ground of cruelty.
Stay on your version of story and write it down as to why you don't want to be with your wife anymore. Moreover be prepared to seek anticipatory bail from court.
Dear Client,
In the Present scenario, you got married to your wife in January 2024, however, due to certain compatibility issues, your wife left your home and went to her Parents house. Both of you are not staying together since April, 2024, and your families also did not have contact with each other. In August 2024, though you asked to meet and discuss on the issue, on August 25, 2024, subsequent such meeting, your wife and her family went ahead to file a NC (Non-Cognizable Offence) in Police Station, asking for mutual divorce. Though you gave your consent for the same, in October, they filed a complaint in the NCW Women Cell, for reconciling back with you, which you do not wish to do so. Firstly, under the Hindu Marriage Act, 1955, if both Parties agree together, you can file a petition for divorce. Secondly, with regard to NCW's role in this, it can mediate the cases involving complaints of domestic issues as well. Though they may push towards reconciliation, you can clearly express your dissent for the same. Furthermore, you can also file a petition in the court, for divorce from your wife, under grounds of Cruelty. In circumstances where your wife's father is threatening you and such threat escalates, you can file a case on grounds of criminal intimidation.
Hope you find this answer beneficial for resolving the dispute.
Say, the same thing in writing; what you told them orally that you do not want to continue and want to go ahead with a mutual divorce.
