Divorce
Veerendranath
(Querist) 30 May 2018
This query is : Resolved
Sir I have done register marriage 6 months ago without my family .He forced me to do marriage he did blackmail if you don't I will attempt suicide.at that time I don't know completely about him and I just blindly believed him and he had told that he had a govt job and all the things etc.after marriage I came to know about him that he is big lier , cheater and drinker.At present I don't like him and I want divorce with him and we both belongs to Hindu religion.what is the process to take divorce?is there any process to take divorce without going to court?
Guest
(Expert) 30 May 2018
For Applying for Divorce you have to wait for the completion of one year of marriage. Mean while you could collect ample proof of his misbehavior which could be submitted as Evidence in Court. If at all Possible convince him for Mutual Consent Divorce which could be applied even now.
Guest
(Expert) 30 May 2018
If you can Convince the Court the extreme hardship the Court under its discretionary powers would allow the application for filing Divorce with in one year.
Adv. Yogen Kakade
(Expert) 30 May 2018
The answer is NO.
You cannot get divorce without going to the court.
Being Hindu, you have to file a Divorce Petition in the Family court with specific contentions of strong grounds for divorce. It is advisable for you to consult a good lawyer to help you.
All the best.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-25882888 / 09225510883
rajeev sharma
(Expert) 30 May 2018
whether you have any proof of the misrepresentation made by your husband before marriage ? If yes go out of his house and file a criminal complaint against him. If dont have that dont bother. Go out of his house and file a complaint U/S 498A and also file an application under sec12 D V Act. Another thing which is not at all legal advice. Dear child go and talk to your parents before consulting any lawyer. Despite all your follies parents are parents and they cant see you in trouble. They will certainly bail you out from this situation.
Kumar Doab
(Expert) 30 May 2018
Is there any proven custom in your community that marriage can be ended outside court/without approaching court?
Wedlock can only be ended by court of law be IT ; MCD or contested divorce.
You can benefit from above advices.
Kumar Doab
(Expert) 30 May 2018
While the application can be filed within 1Y of marriage the courts shall take strict view of the matter.
GO thru and pick up relevant points;
Madras High Court
G.Ganesh Babu vs A.P.Arthi on 20 November, 2012
5. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of these Civil Revision Petitions, would run thus:
(i) The wife filed the H.M.O.P.No.82 of 2011, during the month of June' 2011, so to say, within a period of one year from the date of marriage, invoking Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking the following reliefs:
"(a) granting a decree of divorce, dissolving the marriage solemnized between the Petitioner and Respondent on 18.11.2010;
5…. The respondent added that he had married me for money alone.
32. As such, based on the above narration of facts, she contended that because of exceptional circumstances found set out therein, she was constrained to file the H.M.O.P.No.82 of 2011, within a period of one year from the date of marriage. No doubt, those allegations are only allegations and they were not proved. But, in my considered opinion, those are all serious allegations of exceptional nature and the lower Court also treated as exceptional circumstances, warranting no interference by this Court.
35. While holding so, I am of the view that exceptions should be exceptional and it should not become the rule.
39… On the other hand, if the Court could see that with due deliberation or malice any such petitions are found filed within one year period, then in such cases alone, strict view has to be taken. So far this case is concerned, the very factum that the wife had chosen to file the application in I.A.No.26 of 2012 virtually seeking ex post facto leave, would demonstrate and display her bona fides also. Hence, I am of the view that in these exceptional circumstances, no interference is required.
https://indiankanoon.org/doc/76418229/
Kumar Doab
(Expert) 30 May 2018
And
Madras High Court
S.Gugan vs Unknown on 24 March, 2017
https://indiankanoon.org/doc/59599929/
Allahabad High Court
Smt. Archana Sharma vs Mukesh Kumar Sharma on 22 September, 2014
Bench: Rajiv Sharma, Mahendra Dayal
However, an exception has been incorporated in Section 14 of the Act, which provides that a Court may upon an application made to it in accordance with the Rules, allow a petition to be presented before one year since the date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. However, it is also provided that if during the course of hearing, it appears to the Court that leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the Court may provide that the effect of decree shall be made after the expiry of one year from the date of marriage or may dismiss the petition without prejudice to the right of the parties to present the petition after the expiry of one year.
https://indiankanoon.org/doc/9174631/
Kumar Doab
(Expert) 30 May 2018
Approach your elders of the family, competent and experienced well wishers, mediators, reputed persons, community leaders, and very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL rules/laws/precedence’s and having successful track record…. and worth his/her salt…
In case of contested divorce within 1Y of marriage as you would notice from above you would need a counsel of exceptional caliber…….and your counsel may advise on irrefutable evidences that you may have to adduce in court to convince the court.
Ms.Usha Kapoor
(Expert) 31 May 2018
Marriage can be annulled under section 12 (1)(c) and also (b). Since he used force or fraud your consent to marriage is vitiated by force or fraud. After 1 year you can pray the family court that it is a voidable marriage on the above grounds and can get the marriage annulled. In the meantime you can gather as much proof as it is possible.
Guest
(Expert) 01 June 2018
Mr. Veerendranath,
As a man (Veerendra Nath) did you marry another man, instead of a woman?
SHIRISH PAWAR, 7738990900
(Expert) 30 May 2018
