pls help
Querist :
Anonymous
(Querist) 26 July 2011
This query is : Resolved
hi everyone.
i was working away from my native for the past 4 years. since my family members didnt accept my love, i married against their will in a registered office (parents dint know). me and my husband lived seperate, occasionally meeting each other. but later on , i came to know that he lied to me(drinking habits). i could not tolerate that and hence i split apart.
he is such an addict to alchol, i could not accept it. after 4 months of complete seperation, my family arranged me an marriage. i feared to say about my past marriage affair. thinking my ex wont cause any prob, i accepted to my engagement and it was over 2 months ago.
but now, knowing my engagement , my ex has sent me a legal notice,asking me to come back .in that legal notice, he said that he will take criminal action against me and my parents, if i did re-marry,without getting divorce from him. he wants to live with me. i told my family about my marriage and how we split. when my family members asked my ex, to give mutual divorce, he said he cant give.
i dont have any evidence against him to file a case(i went through the grounds for divorce). we are married for a year now. it is true that i loved him before . but not anymore.
my family has fixed(during engagement) me marriage in 3 months time. he is not willing to give mutual divorce. on what basis i can file divorce case against him? will the court reject my petition(as i dont have any evidence of cruelty, dowry harrasment etc.) how long will it take, if he contest?
he says he can wait for years, but not give divorce. all the intermediations failed. he is not letting me to remarry. without enough evidence, on what basis , can i ask for divorce in court?
R.Ramachandran
(Expert) 26 July 2011
Some brass talks:
1. Your proposed marriage within next 3 months cannot happen, for the simple reason that without getting divorce from the existing marriage you cannot contract a second marriage. If you do so, you are liable for criminal action. Section 494 of IPC will get invoked. The Section 494 reads as under:
494. Marrying again during lifetime of husband or wife.--Whoever,
having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such
husband or wife, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
2. If you file for divorce by mutual consent, it will take not less than 18 to 20 months to conclude. But you say that your present husband is not ready to give you mutual divorce. Therefore, you have to file a case for divorce.
3. You say that you do not have any ground to seek divorce. Even at this stage you have to make up your mind (unlike in the previous occasion where you seem to have fallen prey to your impulsive attitude) whether you really want divorce or not. If you decide that to have divorce, then naturally you have to build up grounds/stories which will justify the grant of divorce. For this you have to approach a lawyer and discuss and take things forward. Undoubtedly, your husband will contest the case. You have necessarily to go through the grind.
M/s. Y-not legal services
(Expert) 26 July 2011
Yes.. Am agree with mr.ramachandran. And Legally its not possible to set you free with in 3 months.. But still all doors not shuttered against you. If You ready to take some risk mean you can try..
Advocate Rajkumarlaxman
(Expert) 26 July 2011
as expert Mr R. Ramchandran opined is true. Dont ever try to take law in hand and go on another track. either put some senior members of the society and try to close the issue or you have top move the court. there is no option left to you and as said this cannot be done in 3 months at all.
Out of Court
(Expert) 26 July 2011
File case fr divorce...non-undrstanding btwn husband nd wife wch leads to frustate th objective of mariage is itself a ground of divorce just exhibit those points hw it frustate ur maried life ..further i agree to th advices of th experts hereinabove
n.k.sarin
(Expert) 26 July 2011
I think Mr Ramchandern advised very well.
