Divorce case
saraswatik
(Querist) 17 August 2013
This query is : Resolved
Respected legal memebers, pls advice me in following case..
My friend (Yamini) married at end of May 2013 to Zamil Since from 3rd day her mother in law tourtures her mentally and by saying some wrong words to her each day. There r frequent quarrels with her. As well my friend (Yaminni)told all this to her husband(Zamil), but he said mother is law is right, u hv to listen to ur mother in law. (Yamini)She also noticed that her husband mostly talked about one of his female friend(Meeta) frequently. When they went out for picnic for half month. (Yamini) She also noticed so many things about them such as taking care of each other, appreciating each other etc. Also that female friend(Meeta) hates her husband and also insults him in public. So Yamini asked to her husband( Zamil ), what is this ?
So (Zamil) husband told to Yamini that that Meeta's husband is not good and he quarrles with her. Zamil has habit of sending sms to all. So zamil used to send sms to Meeta his friend and her colleg going daughter. So Meeta's husband got supected on Zamil and they got quarrel on this. But Zamil said that sms is in ur wife's box and ur daughters also. So y u r quarrellying with me etc. So Meeta's huband said sorry to Zamil.Zamil also told Yamini that he used to go Meeta house when her husband is not in house ...
But Yamini got suspected on their behaviour. One day meeta called zamil and yamini for lunch when her husband was not there. Yamini dont went as she was bz onthat day. But Zamil went alone without telling Yamini. But Yamini got caught him after calling on him on cell and she recorded that he went to Meeta when her husband was not in house and she recroded all the call. Yamini suspect that there is something which her husband hiding from her. So what proof she should gathered against them ? As on date she has only 1 call record of her husband Zamil.If Yamini want divorce , what steps she should take ? Her marriage is just 2and half months old only. Will be she eligible for settlement money ?
Nadeem Qureshi
(Expert) 17 August 2013
Dear Querist
first of all tell me about their religion?
marriage had been solemnized under special marriage act or only rites and rituals?
only suspect or knows very well about his affair or illegal relation?
ajay sethi
(Expert) 17 August 2013
dont ruin marriage merely because of suspicion . your marriage is only 3 months old . it takes time to develop trust between partners .
meeta would not have called you also for lunch when her husband was not around . she could easily have called only your husband . you did not go to her place as per your own decision /
if they are having an affiar her husband will take necessary action and you will get evidence for divorce . wait and watch
Rajendra K Goyal
(Expert) 18 August 2013
What are the religion of both Yamini and Zamil. If different religion whether marriage was solemnized under special marriage act or under religious methods. If under religious rituals whether other party changed religion or not.
Agree with expert ajay sethi ji, at this early stage, without solid proof only suspecting would ruin the life.
In case of necessity services of private detective can be taken for collecting proofs of adultery..
prabhakar singh
(Expert) 18 August 2013
First of all it has to be ascertained how YAMINI (name appears to be of a Hindu girl)married with ZAMIL(name appears to be of a Muslim boy).
Such a marriage can validly take place only under provisions of Special Marriage Act,or when either of them adopted other's religion
to marry under muslim or hindu law.
This marriage,on it's plain surface of statement made in query, seems to be a nullity for which petition lies forth with without waiting for any time prescribed for divorce petition under any law.
saraswatik
(Querist) 19 August 2013
Respected members,
Thanx for ur advice. Both are Hindu, though Zamil appears to be Muslim. They haven't got marriage certificate yet,and Zamil want to make marriage certifciate , so he demanded original cetificates like school leaving,ration card for that from Yamini.
Meeta's husband is also suspiious about this. In past he suspected Zamil due to sms sent by him to Meeta. But Zamil is smart enough, he said that I have send sms to Ur wife and Ur daughter also. So what is wrong. So they got quarrel. Since then Zamil dont go her place when her husband is present and vice versa. Her husband is some kind of drinking person, so Zamil said he is not good... and all other family members of Meeta, accepted this and Zamil became free from allegations. But still Zamil is in cotact with Meeta without knowing her husband. He told all this to Yamini only once. So what she should collect in proof against him ? Now she has only one recorded voice of zamil saying that he went there for lunch when her husband wasnt there. Can Yamini take decision of divorce in just 3 months.What period is proper for divorce ?
ajay sethi
(Expert) 19 August 2013
you say both are hindus . since marriage is only 3 months old you have to wait till expiry for one year from date of marriage for applying for divorce .
engage a detective agency to obtain evidence
prabhakar singh
(Expert) 19 August 2013
More over your query is for sure hypothetical and intention was to mislead us otherwise their was no occasion to choose a muslim name for the boy.
Feel very sorry for those who eat brain of experts for their quizes.
saraswatik
(Querist) 19 August 2013
Respected Singh sir,
my query is just to seek advice and not to mislead anyone. Name can be used in any religion, its not necessary that this name should in this religion.
Thanx Mr Sethi Sir, for ur valuable advice.
prabhakar singh
(Expert) 19 August 2013
Then at the very out set religion of parties ought to have been disclosed.
ajay sethi
(Expert) 19 August 2013
thanks for your appreciation
saraswatik
(Querist) 22 August 2013
Respected members,
Since marriage is only 3 months old Yamini have to wait till expiry for one year from date of marriage for applying for divorce. But if she got evidence against him before 6 months, can she leave Zamils house? Is it compulsory to stay with Zamil in his house for One year or can she stay at her mom's house. Is it safe to apply for marriage certifcate now ?
ajay sethi
(Expert) 22 August 2013
yes you have to wait for one year before applying for divorce . she is at liberty to leave her husband house .
V R SHROFF
(Expert) 22 August 2013
Sa..k
She can leave house any time..
saraswatik
(Querist) 23 August 2013
Thanx sir for ur advice
