quesWife left me after few months of marriage. How to divorce her?

I am a central Govt employee, widower, having 05 yrs old daughter. For her I got married with an widow with a daughter of age 15 years on June 14. In Dec'14 she left with her daughter taking TC from school, leaving my 05 yrs old baby and giving false allegation as drunker, bad character etc.

(a) How can I get divorce? (b) Can she claim share of my property, salary or pension ( either my or my daughter's name)? please Help.

  • ansYou cannot file divorce before June 2015 because as per  Section 14 of the Hindu Marriage Act, 1955 provides: - No petition for divorce to be presented within one year of marriage. -

    (1) notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage: 

    Thereafter you have to options to file divorce, first option is to file a  Mutual Consent under Section 13 B of Hindu Marriage Act. This process can only happen when both the parties amicable decide to file divorce on their mutual terms. This process is faster and less time consuming

    Incase she does not agree, then you can file divorce under Section 13(1) on the ground on cruelty. However incase of contested divorce she can file application under Section 125 CRPC thereby seeking maintenance for herself and for step daughter.

    Also if your property is self acquired then as per the judgement of Supreme Court she can claim right to residence in the said property.


  • ansYou can file a petition for divorce contending all the facts and cruelty done by her,she is your wife as of now,so she can claim maintenance for herself and her daughter also ,if you have adopted her legally after marriage.Contact her by first sending letter asking what is the reason for leaving you ,i mean in writing ,if she alleges wrong acts of you you can file the divorce petition on the ground of cruelty

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansBeing a wife, she can certainly claim maintenance. For taking divorce, you need to file a divorce petition but for that one year separation is a must. Therefore u can't file a divorce til December 2015.

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

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