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Divorce Matter.

Guest (Querist) 24 February 2010 This query is : Resolved 
According to Hindu Marriage Culture in U.P. We always do the Child Marriage.
But after marriage Mostly we gives the break of 3 to 5 yrs till the child become young and Mature. to bring the wife at home.
due to this if the wife,

Q. 1)
Refuse to live with Husband after completation of 3 to 5 yrs. period then what it can be understood whether it is divorced or not?

Q.2)
As the Child marriage, it doesn't have any Registration then is it neccessary to take Divorce from court if any one want to take divorce.
What is required in such cases for self protection.
if another person want to do Marriage?

Q.3)
If Husband /Wife ( any One) File cases for Divorce in young age then it is neccessay to pay him any compensation of marriage or not? or any one can demand of compenstation of marriage like , Dowry, Marriage Cost Etc.


Q.4)
Is there are any rules to file case against Wife if she cheating with Husband and her family supporting to her.

Q.5)
What kind of Rights have Husband According to Hindu Marriage Act and Supereme court of india if the wife refused to live with Husband and refusing to Give the Divorce then can a husband file any case against this in such situation .

Q.6)
Is there are any Govt.organisation who gives counselling in such cases.

Q.7)What kind of Compensation husband can demand to wife if she refused to live and have relationship with any other person and there family r agree with that ?
Q.8)
The Last Question is that if Family member of Wife forced to give divorce then what a person can do if he Doesn't want to give divorce to wife.



Raj Kumar Makkad (Expert) 24 February 2010
1. If marriage is admitted then it is not a suo-motto a divorce.

2. Child marriage are prohibited in India and such marriage can be got declared as nullity by either party to the marriage and so there is no foolproof protection available with either of the parties.

3. Yes.

4. IPC is available against every accused irrespective of relationship.

5. No. No special previlage is available to husband to file any case against his wife if she refuses to provide divorce to him rather. Hindu Marriage Act petition under section 13 (i) (ia) can be filed if such grounds exist.

6. Family Courts themselves give counseling in such matters.

7. divorce and nothing more than that, however, he can also file a criminal case under section 294 IPC against her.

8. Question is self contradictory and confused.


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