Divorce appeal
Querist :
Anonymous
(Querist) 24 October 2011
This query is : Resolved
I have been married and seperated in just 2 months of marriage and till now its been 7 years i am seeking for the justice. Mine was arranged marriage by caste gujarati christian.Wife is govt employee but she has an affair with another man and finally the fighting ended with stamp paper divorce in 2005. But this women has very revenging nature and she came to know from the society that i have find somebody for my second marriage so she is trying to create obstacles in my way. i have filed divorce petition in 2007 under section 10 special marriage act on the ground of adultery seperation more than 2 yrs and cruelty (by her criminal cases on me and my family after 5 years of seperation, DV,498 ,323 etc).i was not able to prove adultery as i dont have proofs.i have also witnessed notary in order to prove my stamp paper divorce took with her with consent. She has mentioned in family court that she was forced to leave the husbands house. and husband and family has harrassed her for dowry.Stamp paper divorce was also forcefully done etc. Family court judge has rejected my petition mainly on not proving adultery and lack of evidence.
My question is if a person is seperated willingfully with a stamp paper agreement which was purchased by her and signed in the presence of witnesses and since she has harrassed me and my family by false police cases around 8 -9 complaints and after five years DV,498 etc logded by her.Shouldnt a person get divorce on the ground of seperation and crulty since there is no chance of reconciliation. Please advise and also let me know how much time high court takes to decide the appeal.Or is there any possibilites to get the divorce order in this situation. Thank you
Devajyoti Barman
(Expert) 24 October 2011
Though on the basis of stamp paper agreement a valid divorce could not be made, the same would definitely be taken into account to prove that the separation was mutual and probably there was no allegations against each other.
Try to expedite the case so in trial you could produce the document. It would not be easy for her to prove that the agreement was signed under duress.
The time for trial or appeal differs from case to case, State to State.
ajay sethi
(Expert) 24 October 2011
the stamp paper agreement does not amount to diovrce. there is no order passed by court .
your application for divorce has been rejected by court on account of lack of evidenc e .
she continues to be your legally wedded wife and your second marriage is illegal .
it has been held by bombay high court that false 498 A case filed is a ground of divorce as it amounts to cruelty .
appeal will depend upon pendency of cases . depending upon where you are sitauted .
ajay sethi
(Expert) 24 October 2011
www.498a.dreamhosters.com › ... › 498a Victims Advise Corner
Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground," said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.
Dyanesh Soparkar and Lata (names changed) had an arranged marriage in March 2001 as per Hindu rites and they have a daughter. According to Soparkar, on the wedding night itself Lata called him blind for wearing spectacles and complained that she was given to understand that he earned a higher salary than what he actually got. The couple had frequent quarrels, according to Soparkar, over his wife's insistence that they stay separately.
Dyanesh filed for divorce in June 2003 and a month later Lata filed a case for dowry harassment (Section 498 A of the IPC). She named Dyanesh, his mother and three other relatives. They were arrested and sent to custody. Two years later, a magistrate's court acquitted them, saying there was no evidence that Lata's family were coerced to pay Rs. 50,000 as dowry.
The family court dismissed Dyanesh's plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh's near relations in a false case "has caused him agony".
The HC agreed with Dyanesh's contention. "One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations," said the judges, adding, "It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony."
Arun Kumar Bhagat
(Expert) 24 October 2011
Fresh Cause of action arises for desertion and cruelty. You should file fresh suit in lieu of appeal.
Satya Mani Tiwari
(Expert) 24 October 2011
Your case is one of the most common Divorce case in which it is difficult to conclude the matter by the court as the wife is challenging & you are not able to prove adultery, think about live in relation ship before you get old.It may not be legal solution but a practical one although its up to you & your personal individual circumstances to opt it or not.
prabhakar singh
(Expert) 25 October 2011
The stamp paper divorce would not be treated as valid,if proved to have been executed freely ,it can prove period of separation alone,the remedy is now as suggested by Mr.Bhagat is to go for a fresh divorce on the ground of cruelty and continuous desertion .
Shonee Kapoor
(Expert) 25 October 2011
Agreed only fresh petition should work in your favor.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
