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My wife has left home within 5 months of marriage, its been 10 months since she has left and she and
28-Jul-2023 (In Divorce Law)
My wife has left home within 5 months of marriage, its been 10 months since she has left and she and her family aren't ready to meet & discuss. Her manipulative behaviour and disrespect towards my family led to issues & she decided to leave home. Her aggressive behaviour while any reconciliation discussion never lead to a conclusion. We have tried contacting them couple of times but they aren't ready to discuss and resolve the issue. There are huge compatibility issues. My ques are A. What are the legal actions that she & her family can take towards me / my family. No dowry / abuse / violance included. B. What are the repercussions if I send her a notice for mutual divorce? It has been 10 months that she has left home?
Hi,it is advisable to issue a legal notice under restitution of conjugal rights instead of mutual divorce to come back to her matrimonial home ..If she still refuses to come back we can initiate ,divorce petition on the grounds of desertion and mental cruelty...If we issue a notice for divorce,then she may have a ground for filing false complaint against you
Helpful?
Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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Can you separate after 1 month of marriage?
After you have been married for at least one year, or in a civil partnership. You can separate with your partner if it has been less than 1 year. Both you and your partner need only submit one application.
How do I deal with a sudden divorce?
Recognize it is OK to feel differently. ...
Take a break. ...
Do not go through it alone. ...
Take care of your emotional and physical health. ...
Avoid power struggles or arguments with your former spouse. ...
Explore your interests. ...
Think positively
What is the minimum period for divorce?
The courts will only consider divorces with mutual consent when the couple agrees to divorce. The Indian Divorce Act of 1869 Section 10A requires that the couple be separated for a minimum of two years. However, they only need to prove that they were not living together as husband and spouse during this time. 17-Dec-2019
Can divorce be taken immediately after marriage?
Section 14 of this Act states that a divorce petition can only be filed if the divorced spouse can show exceptional hardships or depravity by the other spouse.
You have to do certain things in order to get justice. yes, you have options to deal with this matter you can file section 9 petition as well for restitution of conjugal relations or you can file for divorce. she can file dowry charges against you and your family. For more detailed discussion you can contact me..all your queries will be answered.
Helpful?
Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Helpful?
Adv. Suneel Moudgil
Panipat | 200+ Answers
CONTACT NOW
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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