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Procedure to file for divorce and what are other available option
22-Jun-2023 (In Divorce Law)
Hi, i have been married in Nov,2017. My wife was never interested in the marriage. she married just for her parents. From day 1, she was constantly talking , chatting with another man. We never had any physical relation. I waited for one month and then I spoke to their parents. They along with her cousin sisters tried to convince her, it was of no use. She never used to stay in the house. Finally after waiting for four months, i moved out of the house. We tried to speak to their parents , regarding mutual consent, they are not responding properly and trying to blame me saying i am a narrow minded person. In this case could you please suggest how i can proceed and what are the available options. Can she claim alimony from me. She is working as a software engineer. Can she claim any share in my properties like apartment/house?
Assuming both of you are Hindus, then you can file a case for divorce only after a minimum of 1 year of marriage. However, you can file for nullity of Marriage under the provisions of the Hindu Marriage Act. Once the case is filed and summons is served on your wife, you can seek referral to Mediation Center which will help you both arrive at a settlement. If she is working, then she cannot claim alimony from you. It could help you join your wife, or part amicably. When the settlement deed is drawn up, you can clearly exclude her from share in all your properties.
Helpful?
I suggest you to talk with your wife, her parents and relatives along with you parents regarding continuation of marital ties. In case if your wife refuses to live with you despite elders request then it is better you to file a divorce case. In such situation i suggest you to talk to your wife, aleast for your sake, to opt for a mutual divorce. Orelse you can file a contesting divorce petition after the expiry of One(1) year. But i also suggest you to guide your wife to executive MOU(memorandum of Understanding) to the effect that she will not opt to file any sort of police complaint.
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Adv. Jagadish N
Bangalore | 400+ Answers
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