LawRato

How to Divorce wife after 5 months of marriage ?


11-Dec-2023 (In Divorce Law)
I got married before 5 months. before that I was in living relationship with my wife. she forced me for marriage by threatening suicide, rape case . so we married in court without family involving and living separately from family in other city. I have not any physical relation with my wife. not eating food with her at home. not any type relation only staying in a single room without any talk for next day of marriage. I want to give her divorce. but she don't want and not agree on divorce. so please tell me how can I take divorce from her. I don't want to live with her and hate her completely
Answers (3)

Answer #1
554 votes
The correct legal advice is, you cannot file a divorce petition before the elapse of 12 months from the date of marriage. As she is refusing for divorce, you have to file a contested divorce petition. For the time being, to strengthen your case, you can send a legal notice through your lawyer to her.
Helpful? LawRato11+ LawRato
Advocate Arun Kumar

Adv. Arun Kumar

LawRato Gurgaon / Gurugram | 50+ Answers
Chat with Advocate Arun Kumar Chat 
Answer #2
968 votes
With in 1 year of marriage, as per law divorce application can not be filed,except under very exceptional circumstances. But we can file a suit for nullity of marriage. According to me you should adjust with her for 1 full year, because if we will say that marriage was nullity(which means no marriage was there) then she can move against you by filing a complaint against you of rape. But being a wife she can not do so. so wait for some time and then move against her. details can be talked over on further contact.
Helpful? LawRato23+ LawRato
Advocate Vishal Sharma

Adv. Vishal Sharma

LawRatoPanipat | 25+ Answers
Chat with Advocate Vishal Sharma Chat 
Answer #3
644 votes
You cannot apply for judicial separation before one year of marriage. She might also claim alimony from you in consideration to leave you...you need a valid ground to file for judicial separation.. save her messages or mails where she threatened/ blackmailed you. As those will help you in proving this issue.
Helpful? LawRato23+ LawRato
Advocate Hansikaa Chauhan

Adv. Hansikaa Chauhan

LawRatoGurgaon / Gurugram | 25+ Answers
Chat with Advocate Hansikaa Chauhan Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato