Divorce (arya samaj marriage)
Deepika Rana
(Querist) 05 April 2012
This query is : Resolved
Dear All,
I got married in 2007, as it was love marriage so families were not much involved. After 4 years of my marriage i finally decided to quit coz of heights of physical abuse. As i dont want my future child to suffer with the same, I want to get divorce, but as i dont have a family back up as well so I am little hesitate regarding the process to be followed.
Need to resolve few queries.
1. How to start the process as my husband is stubborn that he will not give the divorce?
2. How much time will this take??
3. How much money required for the same??
4. What if he still pressurize me to be with him only??
5. He always warn me if you ever try to get rid of me I am never gonna leave you, So if he tried some unethical acts then How can i involve legal process in this??
Please help... Thanks
Shonee Kapoor
(Expert) 05 April 2012
1. Divorce is granted by court and not by spouse, if ground are there, you can get divorce.
2. How much time is not something which anyone can predict.
3. This would depend upon many factors, which kind of lawyer you choose and what is your paying capacity.
4. Don't let him.
5. If there are any unethical acts, then a complaint under right section can be lodged.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 05 April 2012
i) file a Petition for dissolution of marriage on grounds of cruelty,
ii) You can never tell in courts the exact time, but we are talking years here;
iii) Depends on the advocate that you brief;
iv) He can't force you to live with him;
v) You can ask for maintenance + litigation expenses during pendency of cases and afterwards;
vi) If he tries to do something like that - there are end number of laws that would come to your rescue (see DV ACt/ 498A/406) etc
ajay sethi
(Expert) 05 April 2012
if you are a victim of physical abuse file a complaint under domestic violence act for protection order . you cna ask for maintenace , right to stay in shared household etc .
if you want a divorce contact a local lawyer . we do not know the pendency of court cases in your area and as such cannot state how long it will take
Deepak Nair
(Expert) 05 April 2012
1. You can initiate the proceedings by filing a criminal complaint with police. Then you can proceed further to file a petition for divorce.
2. As the case will be contested by your husband too, then the time taken will be more thn that of mutual consent divorce. It depends on the dates of hearings, adjournments, dates of examination and cross examination etc. The contested cases normally takes around 2 years time.
3. Depends on the fees charged by advocate. Women are exempted from court fee.
4. Once the matter reaches court, it will be decided by the cocurt and not your husband's pressure. He cannot pressurise you to live with him.
5. If he adopts any unethical means, then you can approach the police directly.
It is advisable to avail the services of a good lawyer to deal with this issue.
5.
Sankaranarayanan
(Expert) 05 April 2012
No one can pretectt the time of order will be given.almost all the experts given suggestion annd advise by their way of ideas
Deepika Rana
(Querist) 05 April 2012
Thank u all, for dis great help..
Below are few more queries would appreciate if u resolve this as well.
1. Can't I just file a case for divorce, without any complaint of abuse?? As i dont want to hurt him until he choose any unethical way for me in future.
2. If I don't ask for maintenance/ expenses will dis help me in getting divorce quicker??
3. Do i need to file the case in the town where we got married or I can follow the process in any other town as well?? As i dont live in the town where we got married.
Thanks again.
ajay sethi
(Expert) 05 April 2012
deepika
a man who physically absuses his wife wont agree for divorce easily . tou need the right kind of fpressure . calim maintenace , right of residence as advised and later on you can settle for divorce only .
V R SHROFF
(Expert) 06 April 2012
file divorce petition on grd of cruelty
Shonee Kapoor
(Expert) 11 April 2012
1. Yes you can file the divorce case without any other case.
2. Yes that would fasten the process, as the court doesnot has to decide your petition u/s 24 HMA.
3. You can file in any of these towns:
i) Where marriage happened
ii) where you both last resided together as husband and wife
iii) where he is residing now
iv) Where you are residing now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepika Rana
(Querist) 20 April 2012
Dear All, Thanks alot for your support,
Now I have filed the petition in my hometown but few people our advising me to go through Mahila Utpidan court, as according to them this will help me in my motto and even faster.
So please suggest do i need to go with the court petition or through mahila utpidan, also let me know the procedure for mahila utpidan.
Really admire your support.
Thanks
