Legal Question in Family Law in India

My friend got married in Feb 2012 , and within 5 days of the marriage his wife due to some grave misunderstanding decided to go back to her parents , in spite of repeated attempts to pacify her in coming back and making things work out , she refuses to do so on some very stupid grounds . It is now going to be 2 months since marriage and bot are leading separate lives in different cities .

my friend wants to reconcile , however since there is an adamant and irresponsible response from the other end , he wants a divorce at the earliest .

there has been no physical intimacy between them and as a matter of fact they never stayed alone with each other .

Now , it is very evident that she will not come back and he is also not willing to pacify her . From what is being observed and understood , we dont anticipate any protest from the girl and hence foresee a divorce by mutual consent .

Now how to go about the same ?

Now since 1 year has not lapsed of separation , can they file for a divorce petition immediately , and what are the chances of getting divorce ?

Will there be any alimony if sought by the girl deemed to provided by my friend .

Pls provide for the answers


Asked on 3/26/12, 4:36 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear client

Firstly, you can not move a divorce petition within one year of marriage.

Tell me, whether the marriage has been consummated or not. Whether they did the sexual intercourse even once?

There is only one way to get the separation and that is by filing a petition for annulment u/s 12(1)(a) under a situation whereby the consummation has not taken place. There is one more way. But you need to move cautiously and with the help of good divorce lawyer.

On divorce, you have to give alimony and on annulment nothing has to be given.

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Answered on 4/06/12, 3:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

No, you have to file divorce after one year of marriage and at least in Maharashtra 1 year separation has to be shown for mutual consent divorce. So you can file a petition for divorce only in Feb / March 2013. Depending on facts of your case you can go for annulment of marriage.

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Answered on 4/06/12, 4:00 am


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