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zain (unknown)     12 January 2011

how to legally get divorce if husband is refusing to give it

hey,i have a friend,i have known her for 3 years,she was forced to marry this guy which she doesnt love or has any interest in.It has been 8 months to their marraige and she's trying to get divorce.She asked the husband for divorce and he said to her that he will only give her divorce if she can get him the south african papers so he can live there freely as the girl is a south african passport holder. This friend of mine is from a well settled rich family so the guy soon realised that if he gives her divorce he will loose this golden opportunity of living a good life in a good house as the guy belongs to a middle class family so he told my friend (that girl ) that he will not divorce her even if she gets her the south african papers, she tells me that she caught him making plans with going and meeting other girls and that he isn't loyal either so she is just being used and really needs to get rid of him,her family is also against the divorce and support the guy could anyone please suggest something that she could do legally to get rid off him? Anything at all? Please


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 4 Replies

Atuliya (Student)     12 January 2011

It would have been nice if you had given additional relevant details like religion, where marriage was solemnised and where the couple are staying now.

By the way since the marriage is not even a year old your divorce proceedings would not succeed. In any caser the Judiciary in an attempt to save "the maariage" and "the family" would go through the ritual of mediation.....

In the meantime if there is any violence or cruelty being suffered in the marital relationship you may please report it to the police station of appropriate jurisdiction. This will subsequently help you.

Also if you can afford it, then, it would be wise to put a Pvt. Investigator on the guys tail so that you have all the evidence of his waywardness and "the good times" that he is having with other girls / women who are not his legally wedded wife.

Having done al lthis you may then contact the legal aid cell or any lawyer to help you get your freedom.

Good Luck to you.

 

 

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zain (unknown)     12 January 2011

the religion is islam and they are living in south africa, actually the girls family is very very strict and she isn't even allowed to have a cellphone or laptop, the guy has access to everything and the girls parents don't have a problem with it, the girl is very scared to stand up against her family or to report the cruelty in the police station and has asked the guy for a divorce many times but the guy says to her that she can forget about divorce . The girl does not love the man, they don't even sleep on one bed they have their own separate beds ... As I said earlier the guy doesn't want to give her divorce because he has realised that she is her golden ticket , the girl and the guy both stay at the girls house with her family so the girl is pretty much alone fighting for her right ... If you have anymore ideas to what she could do to get rid of the guy or to get the guy to divorce her please post your reply and the guy doesn't deny the fact that she meets other girls he tells her proudly ...

Atuliya (Student)     14 January 2011

This is a no go situation, your friend is under virtual house arrest / isolation. If she, your friend is in such a family / environment that the girl herself does not want to stand up for her own privileges and rights as a human being, No lawyer, no judge, no court can do anything for her. This inspite your friend and her family being followers of islam wherein woman are a privileged lot.

It may sound weird but if this girl is educated and can muster up enough courage let her first talk to her mother, sister etc and if thing still do get sorted then she may as well bid good bye to the environment and explore new horizons on her own - ofcourse with some good and able support from her friends like you.

She first needs to sort her life the marital issues will resolve by itself

Arup (UNEMPLOYED)     14 January 2011

are they indian national?

among muslims wife can get divorce under some act.

you knock any mohamedan advocate member here through pm.

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