quesNeed divorse or annulment from my newly marriage

I recently got married 3 months back. After few days my wife went to her mothers place. After 1 month she came back and since then she is not talking to me because I did not gave her few gifts after marriage. since then she is fighting with me. I said something and she said something bad to each other in anger. The argument went on and on. Then again she went back to her mothers place. Also, we did not had a physical relationship after marriage at all. I want to know if I divorce her do I have to give my half income or my property? What rights do I have to protect my income/property from her?

  • ansYou cannot file for divorce before completing one year of marriage. After reading your issues, I do not think u can go for annulment of marriage as you do not fall under any conditions for annulment. 

    In case you file for divorce after one year of marriage, then you are liable to maintain your wife. Only in cases where the wife is educated and earning, you do not pay high maintenance but in other cases the law says that you have to maintain your wife as per your own living standard.

    There is no set rule for half income or property share. Depending on the facts of your case, the Court would decide the amount.

  • ansFirst of all, you cannot file divorce till 1 years.
    We suggest you to wait for 7 months and then file divorce on the ground of cruelty.
    As per law she is entitled for maintenance and right in your property, however there are various judgement wherein court has opined that "No wife is entitled for maintenance on ground of cruelty".

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansYou cannot file for divorce before completing one year of marriage. After reading your issues, I do not think u can go for annulment of marriage as you do not fall under any conditions for annulment.

    In case you file for divorce after one year of marriage, then you are liable to maintain your wife. Only in cases where the wife is educated and earning, you do not pay high maintenance but in other cases the law says that you have to maintain your wife as per your own living standard. There is no set rule for half income or property share. Depending on the facts of your case, the Court would decide the amount.

    Advocate Kanika Bhutani

      Punjabi Bagh (West), Delhi

  • ansYour marriage is just 3 months old,as per law whatever action you have to take you have to wait for one year regarding divorce .For the property,the property belonging to you out of your own income she has a right after your death,regarding income she can claim the maintenance amount from your income .You can settle the dispute involving elders of both the family,the marriage is not old hence it is advised not to take legal action.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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