Legal Question in Family Law in India

Matrimonial Laws

I am a Hindu male 31 and got married to a Hindu girl 27 in Apr'07(marriage registered). Everything went fine for a few months. Off late she has picked up quarrel with me for petty things and is staying away from me. Infact the marriage was not consummated as she unilaterally postponed it(I am medically perfect). Now that I am in Singapore, she is refusing to join me and is asking for a separation. Her charges have been dismissed as baseless by her relatives and her lawyer.

She is defiant and refuses to join me. We have proof to show that we have not taken any dowry and she has been treated very properly(which she herself accepted). I am in deep love with her and I dont want to give divorce. We also came to know that she is very short tempered after marriage. She has stopped talking to me and her parents are supporting her as she threatens to commit suicide. Now she is remaining silent as she wants one year waiting period to get over for her to approach the court. I am devasted and inspite of all my efforts she is not joining me. I want to know as how I can avoid giving divorce to her. She is contemplating divorce by Mutual consent which I am not ready to give. What are the options before me? How long can i refuse divorce?

Asked on 7/22/07, 6:44 am

8 Answers from Attorneys

Alok Sharma Alok Sharma & Associates

Re: Matrimonial Laws

Divorce is not something which a party can avoid giving nor there is any period during which a party is entitled to refuse it. The decree of divorce can be passed only if any of the grounds mentioned in H M Act is proved. For mutual consent divorce one need not wait for mandatory one year. The law has been laid by various high courts in this regard. In other cases the period of one year is must before divorce petition can be filed.

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Answered on 7/22/07, 7:03 am

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Matrimonial Laws


well in your case the divorce is something which you cannot avoid. well about decree , hon'ble court can only issue when it is proved under the Hindu Marriage Act

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Answered on 7/22/07, 8:54 am

Re: Matrimonial Laws

Your love is one sided.Be can not force a person to live with you and to love you.It is advised that in given circumstance it is better that you go for divorce by mutual consent.These days laws are in favour of girls,so,donot invite troubles.there is no limit for delaying the can file case for restitution of conjugal rights and can also go for nullity of marriage on the ground of non-consumation of marriage.

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Answered on 7/22/07, 12:02 pm
G. M. Gupta gmguptaandassociates

Re: Matrimonial Laws

the instituion of marriage has become a laughing stock in india.

drastic changes shall be inserted in it. girls today are too much restless and cant stay in a relationship. they have become what men used tobe earlier

dont stay in relationship with such girl and leave her soon. love will vanish with time and love of other will help forgetting her.

forget all other things

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Answered on 7/22/07, 2:10 pm
Nandita Haldipur Haldipur Associates

Re: Matrimonial Laws

legally you can issue a notice to her to come an live with you. you can also file for restitution of conjugal rights. but even if it is granted you cannot force aperson to live with you unless she wants to . a marraige will work only if both want it to.

Try to find out through other as to the exact reason for her not wanting to join you. regarding divorce if she files for one then you can contest it and it can be prolonged for some time

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Answered on 7/25/07, 4:06 am
kavitha balakrishnan kpp associates

Re: Matrimonial Laws

in such cases it is time that is the remedy! find out from other sources and also her why she does not want to live with you!

legally you can file a case for resititution of congual rights - asking her to come and live with you.

court will order CR but it will not sit with you and watch if it is happening so it is you, who make it happen. nothing can be done successfully by force for along time!

find out the problem and target at it!

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Answered on 7/24/07, 12:54 am
rajeshwar sharma rajeshwarnathsharma

Re: Matrimonial Laws

Keep mum and wait to see the legal act of your wife meanwhile try your best effort to bring back her and for you take the help of your and her relatives.

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Answered on 7/22/07, 11:28 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Matrimonial Laws

yes, you can refuse divorce; better you should meet her and assuage her hurt feelings; settling home is the best option at this stage.

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Answered on 7/24/07, 10:47 am

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