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Hema   04 October 2020

Clarification on my divorce paper

Hi myself Hema, i got married in Feb 2018, my married life went on big struggle, because of dowry and my pregnancy. Totally I was there for only 7months, I got miscarriage in 5th month, baby is nomore. I had so much of physical and mental torture by ex-husband and his family. So I want to quit my marriage life. And then I got divorced through my community people. Advocate from my native only prepared that documents and after signing of that. He registered in subregister office with seal and sign. Is that enough for 2nd marriage as well as if I need to go to abroad. Please give me a resolution.



 11 Replies

ajay sethi (lawyer)     04 October 2020

Divorce decree has to be passed by family court 

 

customary divorce is not valid 

 

your second marriage would be illegal 

Hema   04 October 2020

Ok thanks for your reply. May I know the cost for divorce. Because I belong to a lower middle class family and I have few debts. Kindly advice.

ajay sethi (lawyer)     04 October 2020

Legal fees vary depending upon lawyer engaged by you 

 

you can avail legal aid facilities at family court if you can’t afford legal fees 

Hema   04 October 2020

Thank you so much for your reply. Could pls suggest how can I avail that

Adv Vinay Mathur + 8447131770 (Advocate)     04 October 2020

Divorce decree is given by court, you can't remarry till you get divorce from court.

You need to find out whether your lawyer has filed for mutual consent or contesting divorce in the court. if mutual consent then you may get divorce well within 2 years but contesting it may take 4 to 5 years approx from the court. in your case if Contesting divorce then you needs to proved evidences.

Divorce Grounds include cruelty, adultery, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, no resumption of cohabitation, and not heard to be alive.

kavksatyanarayana (subregistrar/supdt.(retired))     04 October 2020

Agreed with the advice of the above learned experts.

P. Venu (Advocate)     05 October 2020

The divorce, through the approval of the community could be valid if such a custom prevails in your community, as saved under Section 29(2) of the Hindu Marriage Act:

29 Savings. —

(1) A marriage solemnised between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954 (43 of 1954) with respect to marriages between Hindus solemnised under that Act, whether before or after the commencement of this Act.

Please ascertain whether there is any recognised custom in force in your community.

Dr J C Vashista (Lawyer)     06 October 2020

Which community do you belong Ms. Hema ?

The community can not grant divorce, if so, it is illegal and invalid.

It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

Hema   06 October 2020

Sir, Thanks for your reply. I belong to Kannada Saineegar community. This procedure has been followed by so many years. They told that 10yrs before, they started doing this and since none having no issues. I got this divorce one year before. In a bond paper, mentioning my name and his name that they are getting divorce mutually only it has mentioned. And the advocate has registered in subregister office with seal and sign. Then he handed over the original copy to me.

avadhesh Paliwal   06 October 2020

Hema 

You are confusing about the law......law never stop to any person to secure his life if you had already suit for divorce than you should be start to prepare marriage because law is totally in favour of women except you are not doing in criminal offence in your laws family....please continue try to your second marriage.....I am 100 sure that law can not stop you to choose new freind in your life....it is nature of law....always remind in your mind that law can not stop your life decision which is realted to your life.....

if you need any help please contact to me i will not take any fees.

Adv Vinay Mathur + 8447131770 (Advocate)     06 October 2020

Custom means it should be going on for 200 or 300 years, and custom should be mutually good for all. In supreme court judgements custom is not recognised if it has negetive divergence. I am sure in custom divorce the questions of alimony, maintenance, custody of child, domestic voilence, dowery won't be addressed.

You better ask your lawyer to file Mutual Divorce.

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