Arya samaj marriage, divorce needed urgently

 

1.Is this marriage without court registration valid in eye of law?

 

Ans: Yes, your marriage is Valid in the eyes of law, even though not registered.

 

2. What can be the basis of filing a divorce case in my case ?

 

And: As per Hindu Marriage Act following grounds are recognized for divorce:

3. Can I implicate his parents under harassment/dowry act, even if they never stayed with the boy?

 

Ans: Yes, you can file a Police Complaint for harassment and Dowry Demand,

 

4.If I go to foreign and marry an NRI, will he be able to implicate my parents under law?

 

Ans: No, your parents will not be responsible for your act, he can file case against you only for the offence of of "Adultery". 

 

5. Will this marriage valide with my NRI boy?

 

Ans: NO, It will be Invalid.

 

6.Suggest for a speedy divorce if I stay in India?

 

Ans: There is no "Speedy Process for Divorce' in India.

In case of divorce by mutual consent, decree of divorce can be obtained any time after six months and before eighteen months. This period can be further reduced depending upon the exigencies of the situation.

Mrs Bobby,

I strongly agree with Mr Prabhakar. DO NOT MAKE INNOCENT PEOPLE SUFFER BY YOU ATTITUDE. GOD WILL DEFINITELY PUNISH YOU FOR DOING SUCH THINGS. YOU CANNOT ESCAPE FROM THE EYES OF GOD..

Mrs.Bobby,

You can get divorce easily but dont take any action against parents, else you may be in trouble due to your wrong action and you may lose your reputation and peace of mind also.

Coz presently their parents may be not with you but after your wrong action against thier parents, you will have to face them and then he will not be alone.

Regards

adv.kamal.grover@gmail.com

Sh Aejaz ji,

Under Para 3. Can I implicate his parents under harassment/dowry act, even if they never stayed with the boy?

 Your Ans: Yes, you can file a Police Complaint for harassment and Dowry Demand,

I donot subscribe to your para 3 reply. Kindly advise bare reading of her grieveances does it show dowry demand ! That is the reason conviction rate in S. 498a IPC is so low.
Rgds
 

After going through your advices , I have decided not to implicate his parent.Thanks for your suggestions. But I desperately want to get divorce, how will DESERTION can be a basis for filing divorce, if I don't have any proof that he left me.What are options before me if my husband files Restitution of Conjugal Rights case against me?

1. You need a very good family court advocate.

2. Try marital counceling may be grey areas and bitterness may become greener with new zeal for a happy married life afterall it was a rainbow glasses covered love marriage na.

3. Desertion is difficult to prove only if animus is not there between spouses and conjugal rights performance as in a healthy relationships based couples are missing and intent to desert is proved to satisfaction of court to get a decree out of the filed suit. Now, you are best judge (instead of showing desperation cool down and think in retrospect these three ingredients) /  three tests if from last 2 years before prospective filing for divorce under desertion grounds these test os duties in a marriage were missing or not.

4. It is irony of couples that if one spouse does not wish to give divorce it becomes a limbo situation for other spouse to seek a decree out of it hence para 3 comes in force which is again a dangerous trend which if you ask me then I am still against para 3 BUT ifsofacto it gets to play a major role.

Rgds,
PS.: Sh Aejaz Sir, I take back now my comment on your para 3 (read unfortunately) hope you also understand what made me now to act so, it is the irony in some cases what could be done in "desperation" stage other than your suggested para 3.......but wisdom says that if one party is not agreeing for divorce then given to understand current judicial wisdom it is not possible to get 'a decree' SOON.....

Dear Mr. Kumar, Can you please explain point(3) in a little simple way for a novice like me to understand. Am getting a bit confused with this legal language. Please explain Bobby

1. Then follow point 1 of same reply mail.
2. Is it not so that at some point of time after initial internet forum research you will consult face to face a professional Legal Counsel as suggested in point 1 where from you can got lot of other questions also answered OR is it so that you are convinced with internet forum research only (your question and internet forum collective answers till now) !
3. Internet forums are vast as well as have limitations vis-a-vis face to face professional consultation.
Rgds
 

There r some queries to ask from u before suggestions, u can call me at 9871158578