How to get divorce for my sister?


My younger sister got married in April 2007 and it was an arranged marriage with Tamil temple wedding.The groom works in Newjersy and is currently a greencard holder.Only 2 days after the marriage he left for US and the marriage was never registered.

The boy was already married to a US citizen which only me and my sister knew before and none from my family.At the time of marriage his divorce decree was pending due to which we did not insist him to get the marriage registered.The marriage was a mistake and from the begining we all know that it will not work but only due to society we went ahead with the marriage.Till date even they have not consumated the marriage and my sister is living with her in-law.

I spoke to him last time and he said he don't want to continue with this marriage but he will also not apply for divorce.

Now please let me know what can we do.

It is impossible for us to prove his previous US marriage from India and even if we prove then my sisters marriage will become void as marriage before giving divorce is considered invalid.

As me and my sister previously knew about his marriage but none other in my or his family in this situation can we say we only came to know about this now and file a case of fraud or cheating ?

Is it possible for my sister to file 495 ?

Is it possible for filing maintenance even when my sister is working?

On what ground can we file for divorce ?

I want her to get settled and married again so don't want to run after court cases as someone told me if the boy is greencard holder then the case would take ages and he can easily fight sitting there without trouble and we have to keep running around court and its waste of time.

 
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Advocate

Since, your sister is working, she can not make application for maintenance under section 125.

Regarding dissolution of marriage, it is advisavle to get evidence of first marriage of your sister's husband. Thereafter, file petition for getting the marriage decaled void under section 10 of HMA.

In case you wish to get him punished your sister can file police complaint of bigamy.

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If she stops working then can she claim for maintenance ?

I find it impossible to get evidence for marriage happened in US as i wrote mails to embassy and they never responded.

I spoke to him and said that we will put bigamy charges against him and his response was as he has evidence that we knew about his divorce and will make us also part of the crime and take us also in jail along with him

 
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Senior Partner

Observations:-
Few folks intentionally do stupid things and then take cover of “adversial matrimonial laws" of the land read with adversial replies of members of the Bar and/or seek adversial views during Chamber discussions tailor made and get themself called as ‘abalas’ and then hide behind the society they keep. This brief unfortunately is one such.
Reasoning (generic):-
1. Knowing well marital status of a man a family gets their daughter married to that very man! How legally stupid will that now be is inference under next paras. The Registration of this marriage could never been done as it was a illegal marriage first of all, hence sayign the marriage was never Registered is not justified in such brief. The very fact if both agree that a marriage took place between them is enough to run in future any legal case between them is enough proof of their very marriage.
2. Society r/w few legal brains makes that married woman ‘abala’ by enthrusting her to listen to such bald advises such as file ‘bigamy’ and also give rosy pictures of ‘forced incapacitation i..e leave present job and ask largesse from husband as some sort of penal verdict she wants ot teach him a lesson thereof’ all these to ‘justify’ perpetually her status to very society as what better ‘justification’ she can after her void marriage from day 1 since 2007 shall she give to her society!. NOTHING is my view for a reson unless sentiments and emotions added presenting a case before the society the same society does not believe how a lady knowing well husband's subsisting marriage and after 5 years is filing matrimonial cases!

Legal Remedy:-
1.
The marriage is void from day 1 and all she has to do is proceed on its nullity certificate (fastest way to come out of this self mess and re-strat her life fresh) from a Court of Law via ‘ex parte route' (he will not appear and he has already told you people that he is not interested to file a case hence without getting lured by ‘adversial advises of advocate(s)’ or temptation to use gender biased Laws it is advised to file for nullity by appointing an advocate searched via local referrence. This ground has certain "conditions" attached to it which can be discussed during Chamber discussion otherwise jump to next para,
The other option for seeking divorce is using ground of "desertion of husband" which is to say in reference to context here that since day 2 of marriage (2007 till date = almost more than 5 years) her husband deserted her till date of filing of the Application using 'desertion as ground for divorce' thus grant me decree in divorce on grounds of desertion is what her side has to say and get one divorce decree via 'ex-parte' route. 
Once she gets Nullity Decree OR Desertion grounds based Decree from her jurisdiction Court then prepare her to re-start her second life for a simple reason she is educated, empowered being a working woman and she is still a virgin (non consumated marriage of more than 5 + years which is attractive for many a would be bride-grooms is my view). She has these golden past to speak about to prospective would be family; non-consumated marriage + working woman + husband since day 2 of marriage without consuming it is not living with her which gives collectively this lady in reference to context much better chances for her re-marriage and starting life afresh.
What more a metro woman in such party to fraud, duress, wrongs committed earlier now changing them into rights situation should be offered from Law read with society she keeps are my short legal remedies / legal views on this brief(s)?  
Reasoning (general):-
1.
Proposed boy told honestly about his subsisting marriage. He further told about some divorce proceedings being adjudicated in foreign shores. Ideally such boy should have been avoided giving hands of a daughter into. But may be Greencard or NRI Speaking Tree tag such boys value added to girls side cumulatively say “we knew but were under society pressure yet we went ahead and married our girl unto him”. The limited question to ask one self is which society in
India says that a already married man should be given once daughter hands into for marriage? Hence stating in brief it was arranged marriage and under society pressure inspite of knowing about his subsisting marriage we wnet ahead itself shows the fraud this family created as evidence.
Now, when so many years lapsed I am glad to know family member are thinking to give this girl second life but the hinderence of society is acting as Bar. Why, becuase society loves hearing about how much money ex-wife got and some masala out of a decree in divorce. Thus this very statement of "she is working" in your brief lures your sister / her side family member to jump on “self incapacitation from work” so that NRI green dollars as interim maintenance / final alimony can be forced received read with we like to force him onto his knees by filing bigamy (S.495 IPC) charges and thus get another hefty amount as “alimony” and all parties (except the boy) comes out happily out of this self created mess.
2. But look and pay attention to what you reproduced of what he says to family and what you mentioned before us about ‘his threat of perjury upon you all’ and the very gentlemen act of non-consummation of his marriage etal.   
3. Do understand living in same house filing bigamy at such belated stage r/w maintenance / alimony suits against him may sound rosy but is not going to work. Even if she goes to natal home and polishes on bigamy charges r/w maintenance / alimony petitions all she will manage is graying her hair in corridors of various Chambers to Police Station to Courts as former charges requires ‘strict proof’ from your side and later requires the status of not working and further at some stage presence of husband and willingness to meet payment of maintenance award (if awarded by court which I doubt in reference brief a Court may award so) which he being in overseas country will not obey and time it takes to bind him to come to India is not heard in a single NRI case till date so re-read entire reply which is straight forward and then suggested to opt only for ex-parte proceedings by filign under desertion grounds and allow her with dignity to re-start her life / her re-settlements etc. is offered solution based on two briefs of yours. Beyond this whatever advise you may already have got or may seek in future are all going to end up into ‘expensive experiments’ nothing else is my core view to your post.

Note:
I have used generic social views as pointers in reference to context while attending to your brief and are not pointer to you or to your sister conducts as this is a internet query and many read the same having more or less same facts and legal opinion has to be understood instead of say in future rebutting my this reply as "target biased view or non women sensitive reply". I understand a HR professional does not come here i.e. to a Legal Portal interactive website by some divine grace but has come here after exhasting all social remedies and may be after 1-2 Chamber consultations to seek second opinion from vast panel of Lawyers who are here. Thus now you are given say a second opinion using purely Civil side of matrimonial law and is fastest way out and thus this is not a personal / biased reply. If so then also I will stand by my legal advise.


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Taj you are saying that we let him free and my sister get no compensation.

I spoke to a lawyer and he said that as me and my sister only knew about his marital status before marriage and no one else also there is no record that he disclosed us so we can say he was hiding about his status and file fraud and bigamy case againt him and we will get at least 2 crore as compensation.

Is this really true that we can get this compensation if we file such charges ?

 
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Worker

E X T O R T I O N !


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What you mean my Extortion.It is her right to get compensation.

Also how can we apply for Nullity when when we don't have evidence of his first marriage and divorce.If we had evidence we could have easily filed bigamy charges.

 
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Worker

Originally posted by : Pooja

My younger sister got married in April 2007 and it was an arranged marriage with Tamil temple wedding.The groom works in Newjersy and is currently a greencard holder.Only 2 days after the marriage he left for US and the marriage was never registered.

The boy was already married to a US citizen which only me and my sister knew before and none from my family. (why this fact was hidden from family ??) At the time of marriage his divorce decree was pending due to which we did not insist him to get the marriage registered.The marriage was a mistake (So, u admit ur mistake. Now want to take advantage of ur own wrong ??) and from the begining we all know that it will not work but only due to society we went ahead with the marriage.Till date even they have not consumated the marriage  (what was the hurdle in consummating ??) and my sister is living with her in-law.

I spoke to him last time and he said he don't want to continue with this marriage but he will also not apply for divorce (neither he nor ur sister can apply for divorce, because to get divorce, legal marriage is necessary) .

Now please let me know what can we do (file sec. 11) .

It is impossible for us to prove his previous US marriage from India and even if we prove then my sisters marriage will become void as marriage before giving divorce is considered invalid. (ur sister's marriage was - is - and will always be void)

As me and my sister previously knew about his marriage but none other in my or his family in this situation can we say we only came to know about this now and file a case of fraud or cheating  (there is no limit for filing false, fradulent cases) ?

Is it possible for my sister to file 495 ?

Is it possible for filing maintenance even when my sister is working (hahahaha)?

On what ground can we file for divorce (create ANY ground as per ur own wish) ?

I want her to get settled and married again so don't want to run after court cases as someone told me if the boy is greencard holder then the case would take ages and he can easily fight sitting there without trouble and we have to keep running around court and its waste of time. (Galati kee hai ... bhugatni to padegi !!)

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Senior Partner

Originally posted by : Pooja
  Taj you are saying that we let him free and my sister get no compensation.

I spoke to a lawyer and he said that as me and my sister only knew about his marital status before marriage and no one else also there is no record that he disclosed us so we can say he was hiding about his status and file fraud and bigamy case againt him and we will get at least 2 crore as compensation.

Is this really true that we can get this compensation if we file such charges ?
 

 1. With such advise from my brothers at Bar (i.e. the Advocate whom you consulted) cottage industry of ‘extortion’ flourishes in India. I have no further comments if your sister should get 2 Cr. or a kick from judiciary except guiding you since you mention your designation to that of HR to a very good neutral article published recently in TOI; article link

http://timesofindia.indiatimes.com/nri/contributors/contributions/dinesh-khanna/The-tree-that-never-was/articleshow/17557804.cms

2. Thanks to NRI tag your BIL has that would add his valuation to be just 2 cr which I feel is less cost of a virgin sister bride in today’s marriage market and should have been valued for may be 20 Cr. (Reasoning: if one wants 2 cr. then never claim 2 cr. instead claim 20 cr. then only your sister will get 2 cr which the advocate whom you consulted missed the abala logic prevalent in India) and that makes me feel pity for our married village women’s unfortunately they cannot count as good as a HR sister under influence of a 'adversial law' master; advocate.

That is what woman empowerment in
India has come down to / is all about.

I cannot guide you any more as your replies leads me to say for sure that Indian marriages are only for extortion purposes thus we have a flourishing cottage industry fueled by educated metro woman for their own siblings.  

BTW, in here is a @ Lord who has special care for women sensitive replies, just wait if he sees your sister’s sari, sindoor and glycerin query he will guide you with bouquet of sections of IPC Law to receive THAT 2 Cr.
J  

 

In nutshell you have been given a very bad legal advise from the advocate whom you say you consulted.

Wish your sister all the best.


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