Divorce

This query is : Resolved

VARUN MAHAJAN (Querist)
13 April 2012

13 April 2012 can any one cite a case law where a person has claimed illegitimate relationship of his own as a ground of divorce

ajay sethi (Expert)
Click to Talk
13 April 2012

13 April 2012 what are facts of your case? dont go on a fishing expedition

Devajyoti Barman (Expert)
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13 April 2012

13 April 2012 Sorry no.
No one can take advantage of his own wrong.

M/s. Y-not legal services (Expert)
14 April 2012

14 April 2012 just give the facts of your case.,

dont ask such a vague query like this..

-tom-

prabhakar singh (Expert)
14 April 2012

14 April 2012 No one can cite a case law where a person has claimed illegitimate relationship of his own as a ground of divorce.

SAINATH DEVALLA (Expert)
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14 April 2012

14 April 2012 Dear Varun,
You are giving a one line version of divorce case and you want citations.

K.K.Ganguly

(Expert)
Click to Talk
14 April 2012

14 April 2012 Strange question. A relief indeed.

Shonee Kapoor (Expert)
15 April 2012

15 April 2012 Wow, a person wants to take benefit of his own wrongs? Do you think any sane court would allow divorce on these grounds?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

VARUN MAHAJAN (Querist)
15 April 2012

15 April 2012 Mr Shonee yes it has been allowed once but i dont know the case law

VARUN MAHAJAN (Querist)
15 April 2012

15 April 2012 the person was been married to a lady who loved some one else and she on the very first day narrated that she dont want to live with that person as she was been forcefully married to that person.
now the girl has shifted to her parental home and she is claiming maintenance as she is not having sufficient resources to feed herself, but the person to whome she is married to is a daily wager and has claimed restitution of conjugal rights but she has refused to come back to his husband and claimed that she is been tortured by her inlaws.

Now that person want divorce and there is no way out

what he should do

VARUN MAHAJAN (Querist)
15 April 2012

Shonee Kapoor (Expert)
15 April 2012

15 April 2012 If these are the grounds, the person can seek nullity based on the facts that the consent to the marriage was taken by fraud and coercion.

Also, if she is threatening, the divorce can be obtained on the grounds of cruelty.

How come the affair of the man seeking divorce can be brought in picture here.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert)
15 April 2012

15 April 2012 This query is answered elsewhere too.

In the instant case, where the man has his own relationship.

The divorce/ nullity can be filed on fault grounds of the lady.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert)
15 April 2012

15 April 2012 And if divorce was to be granted on such grounds, it would be against public policy.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com