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Sureshbabu (Advocate)     23 August 2012

Need advise

Need advise and directions for safe sail through. My friend gor married before 4 years and got one kid and his wife is torturing like any thing and there is no understanding by all means and just they are living. One time she threatened to committ suicide and partially she attempted the same. They belong to good family and due to her every body in the faimily is sufferring. How to approach for divorce now my friend mentally prepared not to live with her.



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 3 Replies

Tajobsindia (Senior Partner )     23 August 2012

1. Without proofs of 'cruelty" your male friend may not succeed in his possible divorce suit. The other ground i.e. “desertion” is ruled out as probably from last 2 years they are living and cohabiting as “husband and wife” otherwise also if they are not behaving as “husband and wife” in the eyes of society they keep yet living under same roof then “desertion” grounds could be tried for seeking divorce for which a local seasoned advocate may help but it would be tough startup in Court.
2. Hence best would be to talk to her/her side about future of three persons involved in such dead marriage and propose Mutual Consent Divorce.
3. If above two are too much then ask your friend to “renounce world” and proceed on “never heard of from last 7 years” theory in practice and after 7 years of not being heard of your friend his wife will file will finally approach Court to dissolve her marriage.

In my opinion on such brief query there may not be other reasonable options left for your friend.

 

1 Like

anushka (accoutant)     23 August 2012

Dear Sir,

I am married on 29-11-2008 at potalpali village, karjat. After my marriage, within a month i came to know that my husband was not graduate as i married with the impression that he is graduate. Secondly, as i was jobless and my husband was not having fixed income monthly, they started mentally harrasing me with household works. Now since december 2010 i am leaving with my parents (father's residence). Our marriage is not registered with the family court but i am having marriage certificated approved by Karjat Panchayat. Now i want to apply for divorce, but as i have not court approved marriage certificate how can i get divorce certificate. Kindly suggest me.

Thanks and regards

Anushka D.

(dalvi.anushka05@gmail.com)

Tajobsindia (Senior Partner )     23 August 2012

@ Anushka

1.
The denial of a valid marriage has to come from him and not otherwise. You can jolly well annex Panchayat Certificate of Marriage with suit matter.
2. If you have any other valid grounds for seeking divorce you may jolly well approach a Jurisdiction Court and seek dissolution of marriage irrespective if it was registered or not.


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