I got married in Jan 2017 in Delhi. My wife was supposed to live with me in Ahmedabad after marriage, as I work there. It was decided that she would quit her job and come to stay with me. However, she didn’t quit her job after marriage, and on some pretext or the other did not join me in Ahmedabad till June 2017. We were living alone (i.e., no parents) for about one and a half months. There, she threatened me with false dowry and harassment case. She blackmailed me for money when I was struggling financially. She would constantly abuse me and my parents for the silliest of reasons.
We lived under the same roof, but separately. She left for her home in late July 2017. When we tried to reach out to her family to discuss the issues, she falsely blamed me that I used to beat her and drink, etc. There has been no communication from either side for three months now. I want a divorce. I don’t know if she wants it too. I’m afraid she may file a false 498 case. How should I proceed for divorce. No Marriage certificate was made. Is it possible to annul the marriage?
Nandish Thackar says:
You can immediately file a divorce petition on the ground of cruelty and desertion before the concerned Family Court which is in your Jurisdiction of residence or place of marriage.
She can file a case under the Dowry Prohibition Act and under section 498A of the Indian Penal Code, but as per the direction of Hon’ble Supreme Court, you cannot be arrested.
Secondly, if your divorce is prior in time to any case filed by her, then you can also tell the court that as a counterblast she has filed a false case against you.
In conclusion, if you do not intend to live together again file for divorce urgently.
All the best,