Looking for legal remedy to have divorce : Newly Married

891 votes

Mutual divorce is possible in this case but if your in-laws do not agree then it has to filed in District Court and then move to High Court to get the divorce. So either it has to be mutual or contested.

Advocate Anath Bandhu Maitra LawRato

968 votes

1. the marriage will get nullified if not consummated. 2.great then you dont need alimony, mutually it can be done, but one year separation needs to be shown 3.great 4.great to know 5.very simple one year of separation and file divorce mutually and part ways they will happily agree if you dont ask alimony

Advocate Aveek Bose LawRato

563 votes

Since you haven't listed any of the grounds which would to me appear as legally recognised ground for divorce I would digress from creating one for you and would rather focus on the ancillary queries of yours. See let me begin by saying that divorce is a consequence that affects both the spouses and therefore it's important that it should be granted only on the fulfillment of certain conditions enumerated under every statute which govern the personal relationship most specifically marriage under different religion or religion neutral condition. It is also important that those conditions are the creation of the spouce against whom the divorce proceedings are initiated and the petitioner Spouse is in no manner the reason or abetted the acts complained against. all this is done to safeguard the institution of marriage. Be that as it may a divorce is any case cannot be initiated before the expiry of a year of the marriage having been solemnised or registered as the case may be. although the supreme court has opined that in exceptional circumstances this provision can be abrogated. although such ruling may sound sweet to our ears but the fact remains that local courts ordinarily do not feel inclined to do away with this provision of one year. good thing is that won't preclude you from first going in appeal in the high court and then the supreme court to get the one year period waived off. but let me once again remind you this only is granted when a case of exceptional hardship is made out. finally I must inform you that once every precondition is satisfied and your contested divorce application is admitted it would take around 2 years to finally get the divorce decree which will also be dependent on the conduct of your husband in adopting dilactory tactics to delay the divorce in which case the decree may even get prolonged to obtain. Having said all this I wish and hope you can find early relief in your case.

Advocate Tanmoy Chattopadhyay LawRato