position of marriage amendmend laws 2010?
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
sirs,what is the position of marriage amendmend laws 2010.is it in practice now? or when it will be come into force?
1)its almost three years of my wife desertion?what are the ingredients of irretrievable breakdown?
2)how to establish it?
3)on whom burden of proof lies?
Gulshan Tanwar
(Expert) 25 December 2010
In a case like present where on one days two young persons a boy and girl decided to marry and married and then did not live together even on the day and night of the marriage and separated by others from the day of marriage and never contacted or allowed to contact each other and without any effort for reconciliation by the court they decide to separate, the court is required to grant decree for divorce!
Gulshan Tanwar
(Expert) 25 December 2010
Any Proof either in documentary or otherwise which can adduce in your favour and against the wife.
Gulshan Tanwar
(Expert) 25 December 2010
You have to prove primarily - as Onus of burden or proving lies on both.
Gulshan Tanwar
(Expert) 25 December 2010
In a grave case of total desertion, in a case when one of the party to the marriage is yet there cannot be divorce as one part has veto power against grant of divorce forthwith.
Gulshan Tanwar
(Expert) 25 December 2010
Normally, a blink may be sufficient for love but the marriages are not solemnized instantly even in the case of love marriages. If the parties to marriage are matured and capable to take decision and decides to marry with their free will then looking to the social aspect and if not religious aspect then they cannot undo what they have done without following a procedure, prescribed either by their customary law when permissible or in accordance with the procedure as prescribed by law.
Gulshan Tanwar
(Expert) 25 December 2010
Each individual is beneficiary of society and, therefore, owes some duty towards society and bound to sacrifice his some freedom to some social structure of society in larger interest of society.
I am saying these things as they will be helpful for the forthcoming future and hope you will bring out or try new things with your present wife to bring her home back as time is the factor which proves or disproved many things. In your absence she might have gone through ups and downs and same is for her. It better to ask for her opinion as well as commitment and then think wisely as marriage is not a court matter instead it is a sacrosanct institution which is decided in Heavens.
All the best and just one advice that drop your ego and then see the things in a better way. Dont go with friends or etc. trust your own instincts and Almighty as this is your life and you should judge it by yourself and not by the opinions of others.
Satyendra Kumar Pandey
(Expert) 25 December 2010
Sir burden to prof is laying on you, and the case is instituted under section 13 hindu marriage act, and in the competent court of law.
Section 13 clearly state the conditions of divorce, see the attached file.
