Divorce

wishes sharma (Querist) 20 April 2015 This query is : Resolved
I have a client who is married under Special Marriage Act 1954, but after the registration of marriage the two never resided together nor the marriage was ever consummated.It has been 2 years now that they are not together and the wife wants this relationship be broken and seeks divorce what are the grounds available to her. Also what remedies lies with the husband who is not willing to give divorce

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SAINATH DEVALLA (Expert) 20 April 2015
Why did they get married and didn't they stay together since then? Marriage not consummated for 2 yrs, can U elaborate ?

wishes sharma (Querist) 20 April 2015
The girl did not love the boy but the boy did. He some how influenced her parents and they wanted them to get socially married. Taking advantage of this situation he persuaded her to get the marriage registered without the knowlegde of her parents. As she was a student and also there was no knowledge to the society about their marriage the two never ever lived together.
But after two years she wants a divorce

Devajyoti Barman (Expert) 21 April 2015
Non consummation of marriage, desertion all are instances of mental cruelty strong enough to get divorce.

SAINATH DEVALLA (Expert) 21 April 2015
What is the response of the girls parents, who were influenced by the boy for perform the marriage? Let us presume that the girl was immature for marriage,what made the girls parents to believe the boy.What was the age of the girl at the time of marriage?

Other things as mentioned by Barmanji are good enough for a divorce.

Guest (Expert) 21 April 2015
Mr. Wishes Sharma,

Your query merits no reply, as that seems to be your academic query. Moreover, it soes not seem true that the problem relates to any client, as your profile speaks as if you are not a lawyer. If you are a lawyer and felt some problem in the case, you could also have expressed your own views how you wanted to proceed with the case.

Even otherwise also, don't you think that yours is quite an insufficient information to form any specific opinion? Discuss the whole background of the case. Why there should be a need for the experts to ask you questions to get appropriate feedback time and again?