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sunil (Executive)     09 February 2010


Hi I got married in Sep 2009, after one month of marriage, my wife ran away with her boy friend, now her parents have searched her & asking me to take her back.  I have applied for divorce in Family Court.  I have the FIR copy, call details etc. Will I be able to get divorce, is this sufficient enough for me to get the divorce.  will the court accept the divorce petition as i have applied before one year.   Will I have to pay her any maintenance charges or lumpsum amount.  Our marriage is not consummated.


 6 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 February 2010



I have to check your divorce petition only then i can tell you the exact position.


Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2010

If marriage has not been consumated, it is nullity and no marriage before eyes of law and if you have also taken it as one of the grounds of your petition, definitely your side is very powerful and you can get the petition decided in your favour.

sunil (Executive)     10 February 2010

Raj kumar Sir,

I would like to know legally consumated means what? - is it s*xual intercourse or oral s*x etc.,

Jatin Duggal (Advocate-Uttranchal)     10 February 2010

look ingredients of divorce are cruelty, impotency, desertion, chronic illness and adultery and in your case u have the point ie  cruelty it can be proved.

Jatin Duggal (Advocate-Uttranchal)     10 February 2010

more over with the documentary evidence you can prove the adultary too

SSK (non)     10 February 2010

Yes 'legally consumated' means to make a marriage legally complete and fully valid by having s**ual intercourse

It is the essence of the marriage and one of the Conjugal rights of the spouse if its missing then either of the spouse could claim for it through courts

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