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Mr. Thukral (IT)     30 April 2011

Advice regarding divorce

Hello,


This is regarding my sister who has been married for the last 4 years in Delhi and came to help with my marriage preparations about 8 months ago, with the consent of her husband and in-laws. But when she called her husband telling him that she is now coming back as the preparations are almost done, he told her not to come back.


Her husband is impotent and not actually willing to get himself treated. And the two of them don't have a child yet! He hasn't been trusting his wife's character but she has been totally honest to him.


For the last 8 months, she has been residing at her parents in Chandigarh and there has been no communication from the husband or their family with the wife (my sister) and now after 8 months of silence, he calls and wants her back ( but with several conditions).


 Husband currently residing in Delhi, but planning to move to some other state soon. Wife not interested in moving back to her in-laws after being neglected for such a long time and doubts that if she does now, she might be harrased. There has been no demand for dowry by her in-laws till date!

I wanted your advice on the following:

1) Is there any security if she does move back to her in-laws?

2) Benefits of law to her in the form of compensation or any other form?

3) What will be the jurisdiction if a divorce is filed (Delhi or Chandigarh)?

4) Any other advice that would be in favour of the girl?


Would really appreciate your legal advice on this delicate matter!


Thanks!



Learning

 7 Replies

Avnish Kaur (Consultant)     30 April 2011

impotent for 4 years?

why remembering now?

2 Like

Tajobsindia (Senior Partner )     30 April 2011

@ Author

1. Once you and your family's interference in your sisters 3 years 4 months old marriage goes she will be safe and all right with her husband and in-laws.

1 Like

Arup (UNEMPLOYED)     01 May 2011

1) Is there any security if she does move back to her in-laws?   ---   NO.

2) Benefits of law to her in the form of compensation or any other form?   ---   AT FIRST YOU HAVE TO PROVE AT COURT  THAT - HE IS REALLY IMPOTENT, THEREAFTER QUESTION OF COMPENSATION WILL COME. FURTHER DELAY ATTRACTS.

3) What will be the jurisdiction if a divorce is filed (Delhi or Chandigarh)?   ---   FILE IT WHERE WIFE PRESENTLY STAYING.

4) Any other advice that would be in favour of the girl? ---   PERHAPS THE GIRL COULD NOT SET HER MIND. WHEN HER LIFE IS AT STAKE; HER HUSBAND IMPOTENT; THEN WHAT IS THE REASON OF KEEPING THIS MARRIAGE ALIVE !


 

1 Like

Rohit Shukla (Engineer)     01 May 2011

Mr Thukral, I am sorry to say that, but you seems to be even more confused than your sister & your family. All of you together with some ill-advised lawyers are going to play havoc with your sister's marital life ..... That I can forsee. Now answers yourself these few basic questions,

When your sister first was refused to return or was not called by her husband, you didn't bother to check and restore confidence in the relationship, but prefereeed to choose silence. So why now?

Nothing is above relationship and if it is Marriage than it is the most sacred institution which need to be dealt with sense of commitment and patience. Your second question "COMPENSATION" vindicates your and your sister's poorly assessed balance sheet approach towards this sacred institution.

After compensation question, now divorce jurisdiction? ..... It seem so plannned. You have everything to think of except to look into and figure out the actual problem.

I Guess its self-explanatory .... Rest is your call

One more thing, 498a just serves a short term goal and is destructive used with wrong intention & at the end of day ..... since time passes ..... everybody (instigatiors or so called well wishers) leaves to leave their own life .... and the one who is left alone is the poor girl. Money, EGO, affair all this are short term .... their is nothing beautiful than having the pious company of your JEEEVANSAATHI by your side . Invest in relationship .... ironically most of us trying to juice out the relationship.

Cheers!

1 Like

sheela subbarao (Advocate)     01 May 2011

If your sister is sure that her husband is imponent and if marriage is not consummated, on the same ground she can file a petition for marraiage as null and void. It is not called divorce. She can claim compensation/ alimony and maintenance and litigation expenses during pendency of case. She can file the case at Chandigarh itself. She shall contend that she was driven out of matrimonial home. She need not go back to her in-law's place.


(Guest)
Originally posted by :Rohit Shukla
"
Mr Thukral, I am sorry to say that, but you seems to be even more confused than your sister & your family. All of you together with some ill-advised lawyers are going to play havoc with your sister's marital life ..... That I can forsee. Now answers yourself these few basic questions,

When your sister first was refused to return or was not called by her husband, you didn't bother to check and restore confidence in the relationship, but prefereeed to choose silence. So why now?

Nothing is above relationship and if it is Marriage than it is the most sacred institution which need to be dealt with sense of commitment and patience. Your second question "COMPENSATION" vindicates your and your sister's poorly assessed balance sheet approach towards this sacred institution.

After compensation question, now divorce jurisdiction? ..... It seem so plannned. You have everything to think of except to look into and figure out the actual problem.

I Guess its self-explanatory .... Rest is your call

One more thing, 498a just serves a short term goal and is destructive used with wrong intention & at the end of day ..... since time passes ..... everybody (instigatiors or so called well wishers) leaves to leave their own life .... and the one who is left alone is the poor girl. Money, EGO, affair all this are short term .... their is nothing beautiful than having the pious company of your JEEEVANSAATHI by your side . Invest in relationship .... ironically most of us trying to juice out the relationship.

Cheers!
"

VERY Well said Rohit!

I hope people will take this advice positively!


(Guest)

Mr. Thukral,

If her husband is impotent then you can easily seek divorce and get her married again!

Try gather information on Mutual Consent Divorce. Annulment could also have worked had you tried it within a year of marriage.

For mutual consent divorce, both parties need to submit their consent for divorce together in family court after 1 year of separation. After filing this, after 6 months, she can get a divorce.

If she opts for maintenance, process can take a little longer according to the consent of both parties on the amount.

If she opts for these cases, well, mutual consent possibility is almost lost. For regular divorce, there is no guarantee of getting it even in 5-6 years if the other party decides to fight back. So, you can imagine the consequences..


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