Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Love marriage - help

i am from mumbai i married my bf 3 months ago under special marriage law but now i want to marry as per my parents wish in my cast i married to my bf secretly and now i have disclosed to my parents about our marriage but my parents are not ready to accept and me too not ready to continue this marriage. i hv stopped all communication with my bf from last 1 month he once cut his vain also and he is not ready to end this marriage mutualy. my parents have warned me not to contact him now. i want to get marry as per my parents wish as soon as possible how can i do that plz suggest me ways i also fear my bf may commit suicide he once done it by cutting his vain. how can we cancel this marriage or can i do marriage with other boy now.



Learning

 11 Replies

Tajobsindia (Senior Partner )     19 August 2013

1.   Law of the land can help only if both are interested in dissolving marriage.

2.   Under “extreme hardship ground” provided both sing ‘no s*x’ and ‘incompatibility from day one’ together before the Hon’ble Bench then limitation to present petition for dissolving marriage under SMA before completion of one year may be looked into by an able Advocate and marriage could be dissolved.

3.   Or one should wait 1 year (i.e. 9 more months) and suggested to live separate from him and then present petition for dissolving marriage. Meanwhile your second would-be chosen by your family can wait as clear title has to be there before re-marrying otherwise second husband in a existing marriage can be liable for adultery prosecution by your current legal wedded husband.

      OR citing his acts of slicing veins (suicidal tendencies) as "ground of mental cruelty" you may approach Hon’ble Court for seeking “judicial separation’. But again till completion of judicial separation statutory period and then un-willingness of one spouse to re-join / re-consider matrimony the then facts leads to clear ‘divorce’ and not before that.  

4.   Your several briefs in LCI family law forum till date are hopeless facts if one spouse wishes to continue such young marriage.

Hence there is no immediate solution in Law for such brief and suggested to stop posting brief every second day by different titles as legal reply will still remain the same.


(Guest)

how much time will it take for divorce he is not ready for it he said he will not give divorce at any cost

Tajobsindia (Senior Partner )     19 August 2013

1.  ‘Contested divorce’ may take anywhere 3-5-7-10 + years if one party is un-willing to give divorce at any cost and here key is ‘patience r/w financial sustenance’ and who has both makes other come to a ‘talking table’.

[LAST REPLY]

stanley (Freedom)     19 August 2013

And to add further to Tajobs Post 

 

Even if you surface somewhere in Bahamas without divorce with second tomy and resurface into india with your 2 nd Tommy and !st tommy is aware of your status than a case of IPC 494 Biagmy would land you into jail 

 


(Guest)
Originally posted by : Baby

how much time will it take for divorce he is not ready for it he said he will not give divorce at any cost


+ or - 6 to 7 years.

Adv k . mahesh (advocate)     19 August 2013

why you want to end up is the main question being only 3 months and you want to end up but not you bf why...............

okay say some harassment you came to know after marriage means if you want to end up mutually you have to file before the court without his approval filing only divorce some time after it may be exparte if he does not appear and if he appears then the proceedings will be prolong and it may take more time so 

if you marry another person without disclosing the previous marriage then you bf may come to your home and harass you so 

make a mediator to solve this issue which lies only why you want to end up the issue within 3 months again and moreover this mediator should be very close to both of you and convince your bf to end the marriage and apply mutual divorce 

Adv. Chandrasekhar (Advocate)     19 August 2013

your parents wish to ditch the boy with no fault of his and get you married to some other boy in your own caste is illegal and unethical and no court in India will support your parents' case.  You also have no ground to get divorce from your husband, as he is no more boy friend, but a legally married husband.  Even in the contested case, as you have no legal ground, I do not think you will get divorce.  Without playing with the emotions of your husband, try to resolve the matter by convincing your parents that the boys from other caste also as good as the boys in your caste.  If your husband really commits suicide by leaving a letter implicating your parents and you, you all will be in big soup for abetment of suicide.  


(Guest)

i done register marriage in hurry as my parents forced me 4 months back to see boys at that time i was nt ready to marry with some other apart from my bf but nw i dont want to continue this marriage bcz my parents will never agree for it already my life become hell nw after i told my parents about marriage. my bf has not done any wrong we had a fight and nw i want to end this marriage without anyone knwing it.

Adv. Chandrasekhar (Advocate)     19 August 2013

I am really sorry madam.  I can understand your angst.  But that is the law what I said earlier.  If your husband does not agree to give divorce, then the matters will be really difficult to you and your family.  If you have no animosity against your husband and if your parents permit you have no objection to live with him, then ask your husband to send appropriate mediation with wise men who explain your parents of the difficulty (mere impossibility) of getting divorce from unwilling husband and the adverse situations those may crop up if he takes any drastic step implicating your parents.  A proper legal advise to your parents from the competent persons may thaw the situation. 

By the way that your first post and second post differs in material particulars.  In the first post, you said that he was not willing to give divorce.  In the second post, you said that you both had quarrel and want to dissolve this marriage without any one's knowledge.  If he agrees for that, then you both can move "mutual consent divorce" petition along with an application seeking permission to file it within one year of the marriage due to extreme hardship  circumstances.  For getting mutual consent divorce petition, the mandatory conditions are that both have to live separately for one year and in your case even this condition is not fulfilled in your case.  Finally, if you both agree, you can go for annulment of marriage and in that, one party puts blame of fraud etc. in respect of material fact and if other party accepts such allegation, the marriage can be dissolved.  But here also the connivance between the spouses should not be exposed to get the annulment decree. 


(Guest)

Tumhare Jaise hi ladkiyon ko kabhi pyarr naseeb nai hota kyonki tum log s*x k liye ladko ko use karti ho aur  fir maa baap ko pata na chale usse pehle break up kar leti ho.

If you don't love him then why you have married him? If he has no fault then why you smply need divorce? kya ladkon ko mazak bana ke rakha hai kya, ki jab man kiya toh kanoon ki madad se unhe phasa diya aur jab man kiya toh unhe barbad kar diya. You b*tches will never get a true love as you are only for d**k and money.


(Guest)

we had a fight den we stopped talking to eachother but later he kept on calling me but i never answer and said i want to end this marriage and told him not to call me or sms me. he is still sending sms to me saying sorry he called me many times but i never answer also he cm to my home but i never allow him to come in. nw my parents knw all this and my parents have made my life hell knw i can even go out alone also can nt do anything due to all this i dont want to live with him anymore and we never lived together there is no husband wife relation between us. my parents will not talk to him and dont want to settle this matter just want to marry me asap.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading