Marriage
kirti
(Querist) 26 December 2011
This query is : Resolved
one of my friend has got married to a boy in mumbai at arya samaj mandir,bt both are not resident of mumbai.both are hindu and adults.since the girl's parents are not ready to marry them,they did it themselves.they have not disclosed it to parents,both live saperately.nw the girl doesnt want to go against her parents wish,so she wants to step out of this marriage.i want to know,what is the legal procedure n complications,hw much time will it take.they have a certificate given by arya samaj but not yet registered in the court.answer on my mail id.
adv. rajeev ( rajoo )
(Expert) 26 December 2011
Remedy is only divorce. File a divorce petition in the civil court.
Guest
(Expert) 26 December 2011
Mutual consent divorce is the simple solution to part with and forget about any such marriage.
Shailesh Kr. Shah
(Expert) 26 December 2011
Solution is only Mutual consent divorce in this case.
Deepak Nair
(Expert) 26 December 2011
I agree with the advise of the experts.
Obtain the divorce through proper channel even if the marriage is not registered.
You can file a petition in the family court at Bandra (BKC).
Consult a lawyer and file a petition for divorce by mutual consent.
Once the petition is admitted, There is a mandatory time of 6 months from the date of admission of the petition. Usully, the total time taken for dovirce by mutual consent is 8 to 9 months including the 6 months time.
Devajyoti Barman
(Expert) 26 December 2011
Yes divorce is the only legal remedy.
You should go for mutual divorce if both of you agreeing.
Else you have to file a suit for diovrce o the ground of cruelty.
ajay sethi
(Expert) 26 December 2011
agree with experts your only option is divorce .
Shonee Kapoor
(Expert) 26 December 2011
Why were you in so tearing hurry to get married and again in another hurry to get divorce.
First try some marriage counselling.
Then take steps as advised by experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Aniruddha.P.Pawse
(Expert) 26 December 2011
if both parties are ready let them go for mutual consent divorce.
Sudhir Kumar, Advocate
(Expert) 26 December 2011
You seem to be ocnfused with non-registeration of marriage. The marriage is complete. Generally such irresponsible marriages break up soon but break up is not so easy as in films where they sign a p[aper in drawing room. As advised by experts there has to be a mutual divorce. In case husband does not agree then she will have to invent allegations to justify divorce. Mr Devjyoti Burman has advised to file divorce on ground of cruelity.
V R SHROFF
(Expert) 26 December 2011
AGREE WITH Mr. Shonee Kapoor
Do not hurry for Divorce.
You have to get Marriage Certificate from Municipal Corporation A Ward, near CST as marriage Solemnized at Mumbai.
Wife must be in tremendous pressure of her Relatives, and just opposing Marriage, It does not mean, she do not want to continue Marriage. Let the matter Cool down.
Just Protect yourself with Criminal action for mis representation, forcibly gone thru marriage and rape etc.
I am very sure, You must have gone to Adv C Mehta, an old Advocate, near Hanuman Mandir, whose Father was trusty of Arya samaj, who must have Notorised both of yours Affidavit, and submitted one copy with Arya Samaj. Girgaon. Mumbai and you preserve it carefully to defend yourself, in case the wife’s parent charge you with forced marriage, and rape.
Keep cool for six months. Otherwise also you cannot file any Divorce Petition now for a year. .
When get opportunity, ran away with her, at convenient place , and live together, till you become a father of her child, All her parents will pray you thereafter.
malipeddi jaggarao
(Expert) 27 December 2011
Mr.Barman, the person posted query perhaps is in a confusion that marriage is not solumnized as they did not inform the parents, the certificate is not got registered. As all experts advised, he should know that the marriage is complete. It is very harsh to suggest to file divorce on grounds of cruelty when the element of cruelty is not there at all. They should understand that Arya Samaj marriage is a legally recognized marriage and there is no way to make it void abinitio.
A. A. JOSE
(Expert) 27 December 2011
Mutual Divorce is the ideal remedy, if that is possible.
kirti
(Querist) 03 January 2012
in case they file for divorce,hw many times will they have to present themselves in court?and wht incase the girl's parents get her married in between the divorce procedure,what could be the consequences?incase after divorce would anyone come to know whether the girl is a divorcee?pls reply on my email id.
Deepak Nair
(Expert) 04 January 2012
You have to attand the court :
1. at the time of filing of the petition.
2. Next date which will be given for counselling.
3. Next date which will be after 6 months for evidence.
Once the evidence is complete which will be either through affidavit or through oral evidence before the judge, you need not attend the court. Your advocate can obtain the order of divorce for you.
Since this is Mutual consent divorce, there won't be any cross examinations etc. Thus an easy process. The entire process generally takes 8 to 9 months, some times even a year.
If the girs's parent get her married to another during the pendency of the divorce proceedings, before the order of divorce is given, then such marriage is invalid as the marriage is still not dissolved and she is a wife of the other boy.
Therefore, it is advisable to wait till the divorce proceedings are complete.
