How court will take it?

Ambika (Querist) 02 February 2011 This query is : Resolved
A friend of mine is facing divorce. I have just one specific question on behalf of her.
In the counceling session her husband keeps on saying that he did not love her and she proposed to him.
Both of them got married when they were 28 years old and are married now for 8 years. It was a love marriage.
My frined is wondering if it would go against her that she proposed to her. She knows that both of them were in love and because he loved her he accepted her proposal. Now why he is making this an issue in the councelling session.
Please let me know if there willl be any adverse inference because she proposed to him?

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A V Vishal (Expert) 03 February 2011
There will be no negative inference since both were 28 years and majors and have reasonable sense of what is right or wrong.

SAANJAAY GUPTAA (Expert) 03 February 2011
agree with Mr.Vishal

Advocate Bhartesh goyal (Expert) 03 February 2011
No negative inference could be drawn as at the time of marriage both of them were major and had understanding right and wrongs.

Kirti Kar Tripathi (Expert) 03 February 2011
yes, it will make no difference nor any negative inference can be drawn. Moreover, once they entered into marriage, they are liable to face all the consequence of valid marriage.

Advocate. Arunagiri (Expert) 03 February 2011
Some body has to propose the love and other side has the right to accept or not. When it is accepted and married latter. This can not be taken adversely by the court.

Guest (Expert) 03 February 2011
Even if she proposed him, I wonder what hinders in their divorce, if both are agreeable? Even if the other person has already said he did not love that itself becomes the cause of separation, as life of the partners can become hell in the absence of love and the other person should not be compelled to live together against their wishes.

Ambika (Querist) 03 February 2011
That is not the question Dhigra ji. The husband has filed divorce on the grounds of cruelty and the wife is contesting it. In principle is it wrong for a girl to propose to a boy? and can a boy after having married to her use her proposal to him to show that he was forced to married?

a.manoharan (Expert) 12 February 2011
no. because, marriage is a contract. it is offer & acceptance. when both ingredients are there, it is a valid marriage when not undue influence and coercion etc. Cruelty means that there are so many factors decided that and the same is different from case to case..

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