Divorce after registered marriage
HARINDER VERMA
(Querist) 12 March 2012
This query is : Resolved
Dear sir
we made marriage without consent and knowledge of our parents. we registered it with registerear . At the time of we both mutually agree that we will take the consent of our parents. we make now physical relations and I never live for a single day at home of my husband. now my i want to disolve this marriage but he denies. Is it possible. My parent are agree but as i seen i do not want to continue my marriage . pls advise me can i disolve it without his consent and how much time it take. thnaks
Arvind Singh Chauhan
(Expert) 12 March 2012
Without mentioning the cause it is not possible to advice.
Guest
(Expert) 12 March 2012
Yes ,without mentioning the clause we cant give such perfect advise but as you said that your marriage registered it with registrar ,Thus you have to file divorce by mutual consent or if he is not ready to give you divorce then you have to file divorce petition.It will take some time.
Consent of parents in marriage between two adults is not a legal requirement,their presence at most is appreciated as witness in law.If a girl complete her 18 years mean her marriage is valid.
Section 13 - Divorce :-
Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
has, after the solemnization of the marriage, treated the petitioner with cruelty; or
has deserted the petitioner for a continues period of not less than two years immediately preceding the presentation of the petition;
or the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
so, minimum 2 years desertion period is necessary for filing divorce petition.Desertion for a period of 2 years without reasonable cause (S 13(1)(1-b).
Kiran Kumar
(Expert) 12 March 2012
there has to be reason for divorce.
S. 13 lays down certain conditions for getting divorce.
you cannot annul the marriage at your own without adopting the legal procedure.
talk to your husband and find out some amicable way to settle the dispute.
Adv.R.P.Chugh
(Expert) 12 March 2012
Ms.Verma,
You have to file a case for divorce, and it would be a contested one, since you've not specified what exactly is your grievance to the marriage - it's hard to tell you how successful your case would be.
Raj Kumar Makkad
(Expert) 12 March 2012
Divorce is not so easy game as you think. May you both have taken your marriage as a game but its consequences including divorce is not like game and it is iron sheet which requires to be torn without any tool.
Either you both file MCD or file a petition on some convincing reasons against your husband.
Shonee Kapoor
(Expert) 12 March 2012
Revolving doors is not the way how marriage and divorce works.
Exits are difficult to find.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SANTOSH CHOUDHARY
(Expert) 14 March 2012
It is necessary to know that to which relegion both of you belongs. However you can have divorce by filing the divorce petition on the grounds provided under the respective law governing you and your partner.
SANTOSH CHOUDHARY
(Expert) 14 March 2012
It is necessary to know that to which relegion both of you belongs. However you can have divorce by filing the divorce petition on the grounds provided under the respective law governing you and your partner.
ESTHERPRIYA
(Expert) 15 March 2012
You have to mention some reasons for dissolution you can better contact a family advocate to get your dissolution done.
