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can husband file divorce before wife


13-Aug-2023 (In Divorce Law)
I married 4 months back , but i am not able to survive with that girl. Our understanding is not matching, she is a kind of superstitious and illiterate , who don't use her mind. I am very disturbed and feeling very soffocated. But my family and society is not agree with me. Can i file a divorce and what are the consequences i have to face after this?????
Answers (4)

Answer #1
658 votes
Sir for filing divorce you have to wait a few months more, firstly sir divorce Petition cannot be filed within one year of marriage, secondly you can file divorce on ground of cruelty after completion of one year of marriage, further your wife can claim maintenance in court and you can either pay lumpsum amount as permanent alimony and settle the matter by filing mutual consent divorce.
Answer #2
784 votes
Hi Querist,
It is unfortunate that your marriage is not working. Hope you have done back ground verification. The choice is yours to decide if u want to by u r family / society pressure.

Yes be sure you can file a petition for divorce but that will be on the grounds of fraud, misrepresentation and cheating you or suppressing material facts about your wife. However, for taking the grounds of cruelty, you have to wait for a minimum period of 1 yr.

Pratap, Adv
Answer #3
512 votes
Dear friend,
Yes you can file for divorce with suitable grounds as per law and on basis of lawful grounds specified in law as per custom and religion, hence better contact our office for better understanding and assistance. Ofc : Adv pankaj Kumar..
Answer #4
910 votes
If you are a Hindu, before completing one year of marriage, you cannot divorce as per the Hindu Marriage Act. However you can apply for nullity or annulment of the marriage. You will have to prove to the Court why you want to leave the marriage and file a case in the Court for it.

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.

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