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Author Topic: Time duration for divorce filing  (Read 1673 times)

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Offline newbee01

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Time duration for divorce filing
« on: March 24, 2015, 10:48:05 PM »
Hello Experts,

Can anyone suggest what is the minimum time period required for filing a divorce case? I have read in an article that it is one year of marriage but what if in this one year time-period the wife stayed in her native for 6 months.

So my question here is , that will one year duration only be considered for the time duration when the husband and wife stayed together under the same roof( 12 months - 6 months = 6 months ?)


It is just one year of marriage no matter whether they stayed under the same roof for that time duration or separately? Please clarify and it will be great if you can share some links or articles in this regard.


Offline advkartik

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Re: Time duration for divorce filing
« Reply #1 on: March 24, 2015, 11:00:50 PM »
One year from date of marriage can be shown as one year of separation.
by the way this applies for mutual divorce.

Yours appears to be a contested one hence there is no need for this waiting period, you can file for divorce immediately

Offline newbee01

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Re: Time duration for divorce filing
« Reply #2 on: March 24, 2015, 11:44:30 PM »
Thank-you Kartik for the reply. Please find below the grounds for my divorce and please suggest if I am eligible to go forward with the contested divorce??

Divorce points:

1)She threats and blackmails me  emotionally and tortures almost on a daily today basis that she would commit suicide if any of her demands or expectations are not fulfilled.For eg:Jwellery, money, movies and so on.
2)She threats that she would trap me on cruelty grounds by filing false police case in my name.
3)She makes fun of legal system by openly challenging the fact that she being a woman no one can do anything to her and make fake cries for every now and then and says tears are her best weapon.
4)Forms organizations with neighbors by telling bad words about me.
5)Her family members constantly interfere/intervene in my personal/private life and she calls them at late hours and cooks fake stories against me and infront of me
. She yells/fights at the top of her voice and disturbs everyone around and she is no way civilized in her behavior.
6)She spread rumors about my incapability of being a father in my and her family which itself is an abuse and disrespectful for any husband. And today she is pregnant.
She never cooperated in sex life for 4 months of our marriage but later on started putting false accuses on me to get rid of her own sin.It was a real cruel act as I
was downgraded by my own wife for none of my fault.
7)She used abusive words about me and my parents in front of her parents and socitey.She is violent on my physically on many instances
8) She left the house in many occasions and ran to main roads without informing me, she is mentally unstable  about her behavior and reactions.
9)She makes multiple calls daily and harasses me in my office hours by speaking unpleasant and abusive words.She keeps on speaking false stories about me and always
in a complaining mode for no reason. for eg: if I get fruits for her of good quality she yells abusive words and says it is cheap and bad quality and starts yelling and comparing with her home that in her
home she was served better food quality .
10)She ran forcefully to the main road chemist shop for abortion of child for no cause even after I resisted her from doing such an act.
11)She calls me pretty often in my office hours and threats she will leave the house and go to some friend house and stay there which is really disturbing as am unable to focus in my professional growth because of her cruel approaches.
12)Multiple time she fed me milk with cockroaches and breakfast and dinner with hairs. She doesn't do any household work, is extremely unhygienic and says she is not a servant and in her home a
servant does it. I had many stomach disorder because of the uncooked food she served me and she has no realization for such acts.

Offline saravanan.s

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Re: Time duration for divorce filing
« Reply #3 on: April 03, 2015, 10:36:26 AM »
if you have enough proofs for all these definitely you can claim divorce on grounds of cruelty.suicide threats,denying sex,using derogatory words in public,physical violence all amounts to act of cruelty from her side.if its proved you dont need to pay her maintenance also

Offline newbee01

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Re: Time duration for divorce filing
« Reply #4 on: April 07, 2015, 10:34:54 PM »
Thankyou Saravanan for the information,

Can you please share any links or resources of the recent judgments made by High Court or Supreme court for denial of maintenance/alimony to wife on the proved grounds of cruelty: eg suicide threats,denying sex,using derogatory words in public,physical violence...


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