• Need a divorce after 10 months of marriage

I got married with a guy whom I didn't like by looks, but as my family insisted me to meet him, I thought they want me to marry that guy and I said yes to the marriage. We got married in Feb 2016, and as the guy is living in US, I shifted with him in March end. But while living with him, I found out that I don't like the guy and can't spend my whole life with him. He likes me, but I was not happy with him. I came back to India in September and living with my family. 
I want divorce from him, but my family is not supporting me. They want me to go back to him.

Please help me. How can I get a divorce? I have a doubt that he is impotent, but I am not sure about this. I might be wrong.
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) wait for expiry of one year and then file for divorce

3) divorce by mutual consernt is best option

4) contested divorce cases take 5 years to be disposed of .

5) convince your husband for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

You seem to be too hesitant in the most important aspect of your ife and I wonder how could you commit something as important as marriage when you were yourself not ready for it.

Anyway when the mistake is done you have be ready to face consequences.

Mutual divorce is most convenient way to dissolve the marriage.

However of he does not agree then you have to file contested divorce suit which is both time consuming and costly.

Since you are adult consent of your parents to not required to apply for divorce.

Meet an advocate to take this forward.

Devajyoti Barman
Advocate, Kolkata
23323 Answers
522 Consultations

1. You have no legally acceptable ground to seek a ecree of divorce against that guy.

2. There are legally prescribed grounds like cruelty, impotency etc. based on which decree of divorce can be sought.

3. "But while living with him, I found out that I don't like the guy" is no ground for seeking divorce.

4.Moreover, you are required to complete one year of marriage for filing a divorce petition.

5. Negotiate with him and go for jointly filing a mutual consent divorce petition after one year of staying apart which will be decided within 6 & 1/2 months of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

If you suspect his potency then you should confirm if your marriage was consummated or not.

If your marriage was not consummated then you may file a petition before family court seeking annulment of marriage on the grounds of impotency. You should file this within one year.

If you want to fie a divorce case then you may have to wait for one year from the date of marriage as well as to look for a proper ground for seeking to dissolve your marriage by a decree of divorce.

T Kalaiselvan
Advocate, Vellore
87664 Answers
2353 Consultations

1. That you do not like the looks of your spouse is no legal ground to apply for dissolution of marriage. If you did not like his looks then you should have taken a call on this prior to marriage.

2. Impotency of spouse is a ground of dissolution of marriage, but you will have to prove beyond a shade of reasonable doubt in the court that he is impotent.

3. You are free though to live separately from him.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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