Divorce advice
Guest
(Querist) 07 November 2017
This query is : Resolved
I need some advice here i got married on march 2016, From that day till now i am not living with my wife our marriage is not consummated. I was pressurized for this marriage by girl and her parents because of life threat to my family. i requested girl for divorce previously she agreed now she is saying that there is no benefit for her. she stays with my family and i stay in other city.and her family is threatening me again and my family that they will murder whole family. if i dont consummate marriage and stay with her.
please help how to file divorce or separation.
Dr J C Vashista
(Expert) 08 November 2017
If the marriage is not consummated and your spouse is willing file a petition for annulment of marriage without bothering for the threats extended by her parents/family.
Consult and engage a local prudent lawyer.
Vijay Raj Mahajan
(Expert) 08 November 2017
You were forced for marriage for which you should have filed petition for annulment of marriage on this ground within one year of marriage, which you failed to do.
Now you have no ground for divorce although your marriage is irreverteably broken down, but this no ground for divorce you cannot move family court for divorce.
If both parties agree for divorce by mutual consent than it becomes easier otherwise move ahead in life with this life-partner or other in live in relationship.
Advocate M.Bhadra
(Expert) 08 November 2017
File a suit for annulment of marriage on nullity ground in District Judges Court or Family Court u/sec 25 of the Special Marriage Act or u/sec.12 of the Hindu Marriage Act as the marriage is concerned.
Adv. Yogen Kakade
(Expert) 08 November 2017
Try to solve the issue amicably or with the help of a mediator.. and file for divorce with mutual consent. Or find out strong grounds to file Divorce petition. I think in your case there are many grounds which can be used for the purpose of filing Divorce petition. It is advisable for you to consult a good lawyer to help you.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Guest
(Expert) 08 November 2017
Mr. Ayush,
Your problem is that you could not aptly redraft your hypothetical academic query to present before the experts.
If there is any truth in your story, can you clarify on the following points:
(1) If life threat was there for your family before your marriage, what compelled you and your family not to report the matter to the police?
(2) With what specific reason her parents wanted to marry their girl only with you and not with anyone else, and failing which they threatened the murder of your whole family?
(3) What specific benefit she is deriving now by staying with your family and not staying with you, but keeping all of you under the constant fear of murder?
(4) Even now, if her family is threatening with murder of your whole family, with what specific reason you are desisting from filing a report with the police?
(5) Do you believe that if they murder the whole of your family, the police and court will not punish them?
(6) If you file a case of annulment of marriage, divorce or separation by any means, to get rid of your wife, would she or her family desist from murdering your family, when without any action, they give you threat of such murder?
(7) If you and your family can get murdered by them, would not your own lawyer for divorce/ annulment case also be murdered by them?
(8) By anyway, even if you are able to get separated from your wife by any means, will they not try to murder you and the whole family, as you pretended to be threatened for murder by them?
SO, IT IS BETTER TO STATE YOUR PROBLEM IN SIMPLE WORDS, WITHOUT ANY SPICY PRESENTATION TO DUPE TO EXPERTS. THAT WAY, YOU CAN ONLY GET CONFUSED BY MIXED RESPONSE FROM THE EXPERTS.
However, if you and your family are really under murder threat from any of them, show some courage to file a report with the police revealing all the events of conspiracy if any against you and your family. You can fight that case quite easily, as compared to fighting your divorce/ annulment of marriage case and the consequences of that there after.
Rajendra K Goyal
(Expert) 08 November 2017
Marriage not consummated, her family pressurizing for the same.
She is living with your parents, you are living away.
Try to solve the problem amicably, prefer to save marriage.
Contested divorce may not fetch good results, try for mutual consent divorce if marriage can not be saved.
Record all threats of her family.
A. A. JOSE
(Expert) 08 November 2017
Apart from fully endorsing the points noted by the learned Legal Anslyst Jigyasu ji, prima facie, it appears that if the marriage was not consunmated yet, major blame for the same may be attributable to you. Have you married the girl to give compant to your parents or for starting family life by both of you ? Neither any girl nor her parents be happy to continue with such situstion. No one would easily believe the story made out by you attributing the blame solely on your wife and her parents. It is wise for you to think about an amicable solution to save your family life.
Kiran Kumar
(Expert) 08 November 2017
Well various counsels have given you a detailed advice on the matter. Its quite apparent, as per facts stated by you, that you may not get divorce from her by merely filing a divorce petition on the basis of flimsy grounds. Her stay with your parents and your willful denial to consumate the marriage is sufficient for court to deny you the relief of divorce.
Its perfect to settle the matter out of court. Even if you contest the matter on merits before court it will have some financial implications for you.
Guest
(Querist) 10 November 2017
Dear analyst jigyasu it is easy to blame a man first of all I was never ready for this marriage secondly I was pressurized for same. I don't want to brag but I come from a descent family with money and status. Girl family typical lower class all they saw was money. They don't had any reputation in society because one of there girl ran away and they had a mind set if this girls engagement and now marriage is annulled log kya kahenge. I don't have any interest in thay girl. Neither I want to save this marriage. Think of this a girl who use to travel by bus now travels in a car has 12 lakh worth of jewellery buy clothes every month from my family money. And not only this now he is blaming my brother that he is interested in him and forcing me to bring him to pune. I want to sec 13 can I file annulment or divorce under thos sec. Secondly what if other party files sec 9 how to fight that. To be very honest I will prefer to commit suicide or get murdered rather then living with that girl now. All she want is my money and property her brother are unemployed and they keep calling me for favor of business or job.
I am a victim and I want to get out of this please help. This is a case in madhya pradesh state and I stay in Chennai. Please put a light on this sec 13 and how to counter sec 9
Guest
(Expert) 10 November 2017
Mr. Ayush,
Instead of demonstrating your anguish, you could better have replied my question, which could help you gain my sympathy and some solution, if could be possible. But, I am sure that you don't have any reply to any of my questions, as I knew this was not your real problem, but you tried to exaggerate the situation out of your academic query in a bid to show as if it is a real problem. My questions arose only due to the artificiality you added in your description.
Now, by quoting sections 13 & 9 , probably you want to test my knowledge, as if I am your student and you are a teacher. No layman is expected to know the exact sections of the law. So, if you know about section 13 & 9 , you are also supposed to know the solution, may be to small extent.
However, if there is any truth in your story, your case is not so simple to help you by casual manner merely on the basis of the brief provided by you without detailed discussion of the background, which may take a substantial time.
If merely on casual discussions you want to file a case of annulment marriage without discussion in detail about the real background, nobody can desist you from doing so, provided you are fully ready to bear with the adverse consequences more than what you narrated to be facing even now during your marital status.
You may better discuss your complete history with some local prudent lawyer to prepare your case appropriately.
Anyway, best of luck.
Guest
(Querist) 10 November 2017
Jigyasu I think u have problem with all queries because I have seen you raising questions on every query. I need a expert to help me with this neither I am a academic nor I have so much time to answer your question which are nt even appropriate you have a lot of time here to wrote big lines not me. I am victim I have to save my family and myself first rather then answering your rubbish questions. I hope there will be a genuine advocate who would be able to answer and help me with this. Your advice is not needed thanks
Guest
(Expert) 10 November 2017
Mr. Ayush,
Your evasive posts may not justify your description, which is full of vagaries and artificiality.
If you have come at this open forum, you will have to face the questions to satisfy the experts to make them believe your story. If you don't have time to reply, you should not have come at the open forum. In fact the reason is not the time, but the reason for you is not having satisfactory reply to any of my questions. Had you not had the time, you could not have made even this post to waste your very very precious time. Of course, we are here to waste our time and infrastructure to face vague and hypothetical queries of people like you without any benefit to any of the expert.
However, I have already wished you the best to help you save your family, if you can without discussing the real facts with the experts. Of course, by saving your family, you will save your wife and in-laws also from going to the gallows on the charge of murder of the whole of your family. That will be the best achievement of your life.
I again wish you the best.
