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Pareshan Purush (Engineer)     14 September 2014

I have suffivient proof - how much time it will take 4 divor

I have proof in form of chats, emails, audio recordings for character assasianation and she admitting that she forced me to marry. I have been married for four months. Can I file a divorve under section fourteen on grounds of cruelty now? if so how long willit take to get divorce?

 

Cani challenge marriage if she has admitted that on call recordings, mails , chats that she had forced me to marry uder blackmail? how long will this take?

 

Finally if i win divorce on grounds on cruelty - do i still have to pay mainatinence? She earns 30000 more than me?



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 6 Replies

Tajobsindia (Senior Partner )     14 September 2014

1. Provisions under S. 14 HMA can only be invoked jointly and not unilaterally.

2. Audio and related media proofs first need to be saved in respective original formats and should not be tampered with under any condition and need to be plead in petition as well as produced and proved in accordance with Evidence Act which is time consuming process.

3. Character assassination of one spouse by another is 'cruelty'.

4. Consent in marriage should be free of any pressure and fraud once discovered immediately cohabitation as husband and wife should be stopped and provisions of Section of Personal Law should be invoked to seek annulment of marriage.

5. If she is educated and earning then no maintenance to her irrespective cruelty is proved or not.   

Pareshan Purush (Engineer)     14 September 2014

Thank you.

 

I have stopped cohabiting after i got proof of her admitting in remorse mode than marriage was on blackmail by her.

 

Does that case suffice for annuelment as if i had stopped enteraining her vists and normal relation - she wopuld have harassed me and I wouldn't have got her to admit it on a audi?

fighting back (exec)     14 September 2014

you have been fully advised by TAJOBS, nothing more can be added, however, with regards to your second part of the question - " how much time will it take for divorce"

All things said and done, assuming that you have all the proof in the world, you are loaded with all the ammunition to decimate the opponent in court, however, in the same breath, also assuming, that you have still not practically visited any courtrooms to get a first hand practical view, 

in my advise, with all your prepartion in mind, on a monday morning, walk into a court, sit relaxed on a court beanch outside, and patiently watch the ongoing drama outside courtrooms, you can judge for yourself how long a court case will take place.......each litigant is given approx 5 min to 10 mins to face a daily proceeding per one month or one and half months, in between, applications upon applcations will be filed by your iopposite party and by your lawyer for adjornment, there will be endless tarik pe tarik, and tarik pe tarik, and tarik pe tarik........until you loose your steam and forget about all the evidences that you plan to use....its a practical advise..do visit a court.......

 

fighting back (exec)     14 September 2014

....keep all your quries in one thread, dont create different thread and give different angles to the same persistent questionl.............

Pareshan Purush (Engineer)     14 September 2014

I agree with you but still with proofs won't it be setlled in 2 -3 years?

fighting back (exec)     14 September 2014

..........2. 3 years will be really fast in indian courts......hhehehee..................


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