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divorce


Sir,

i married on september 9th 2007 with a man from AP in Arya samaj mandir. They have performed religious rituals with a pujari. we both are hindus. then we have given our photos, id proofs etc. also they have taken our signature and thumb impression. after that they have given a certificate with their seal. is this marriage valid? now i need divorce. i have filed a case in kerala court as i am from kerala. but i have doubt if this marriage is valid or not. we didnt went to any registrar to register our marriage. so do i need to take divorce legally from court? please clarify my doubt. Also i filed for divorce on february 2010. Still the case is dragging. The problem is that he is not ready to give me divorce. Now what should i do to get divorce soon? We have lived together only for one day ie on the day of marriage only. After that he is staying in AP and i was in Kerala. Please help me to resolve this issue as soon as possible. I need your help.

 
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Only one day married life........its really astonishing me. Why did you both not stayed together after marriage? I think that your marriage is Notarized. And as you have filed Divorce petition that means you have accepted the same, as marriage between both of you performed. Thus once you have accepted it, you have to take divorce through law. So do not be confused  now and take initiatives to expedite proceedings before the Learned Court where it is pending

 
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Sir,

actually it was a love marriage. and we both are from different states. i was doing my graduation that time. so after the marriage the very next day itself i returned to my state to complete my graduation.

 
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zz

@ Kavitha!

Come on.......love marriages are as common as arranged ones. Its almost impossible to believe that u remained 2gather for 1 day after marriage in 2007, u filed divorce in 2010??? What is fact dear!

Anyways as per ur descripttion, u wont face any problem to PROVE ur marriage. As a matter of fact u shud rememebr that CONTESTED DIVORCE IS ALMOST IMPOSSIBLE IN INDIA.

Come clear about the facts:

What is the present status of ur divorce case?

What gounds have u taken?

What r the other cases b/w u?

rajiv

 
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@ Rajiv_lodha

Sir,

After i came back for my studies there was telephone contact between both of us. But after this marriage i had to face many problems since it was a love marriage and it was against the consent of my parents. when i was facing trouble i called him many times to come over here and i said him that i need his support now. but he didnt come and was telling some reasons like he is afraid to come here and he is afraid that my parents would harm him etc... i agreed everything he said and faced all the problems alone. he was not even ready to take care of my expenses also. after marriage also all my day to day expenses and expenses for my studies everything was taken care of my parents only. he was not ready for anything. and atlast when i was fed up of this i filed divorce on 2010. on hearing my decision he said he accept his mistake and he wont repeat it again and all. but now i am not ready to live with him. the person who left me when i was in need of him the most, now i dont want him in my life. but still he is not ready to give me divorce..

 
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Sir,
Our counselling is over. That time he was present and i stood by my decision to get divorce. But that time also he was not ready. Then after some months judge ordered to set up a commission (i dont know what it means exactly). Then "commission" talked to me in presence of my and his lawyer. His lawyer asked some questions and the "commission" noted the questions and also my answers in a paper. After that he said me to put a sign on that paper also. After some days it was his turn and the same procedure was done with him also. He also had to put sign. It happened some 3 months before. Now i dont know what is the present situation.

 
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Sir,
actually tomorrow there is something in court. i donot knw what it is exactly. but my lawyer said that its between two lawyers. my presence or his presence is not needed in the court for tomorrow's proceedings. lawyer said me that it may be the last day. i am not sure because i heard this many times..

 
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housewife

Kavitha,

I really dont understand whats going on. But one piece of sincere advice.

 

Never, trust a lawyer who refeuses to give you the complete information of your case. He may do more harm than good intentionally or unintentionally.

 

Its time you change your lawyer.


Total likes : 1 times

 
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Advocate

 

The Arya Samaj Hindu marriage that is performed with due customs & rite of both parties including the Saptpadi ceremony is valid Hindu marriage for all purposes even though not registered with Registrar of Hindu Marriages, however if the Hindu marriage was not consummated due to the refusal of the respondent/spouse this can be made a ground for mental cruelty & divorce sought on this very ground, refusal for matrimonial s*x for no valid ground is an act of mental cruelty on the part of the respondent & divorce can be granted on this very ground by the court.

 

In the given case to a similar situation seems to exist as well there is desertion of 5 years or more by the respondent which is another valid ground for divorce.

 

The reason in the given case the husband refuse to the dissolution of marriage can be his intention to make money for the same, it is not necessary that a woman may seek financial compensation for agreeing for dissolution of marriage it can be other way around too.

 

You may discuss this issue with him, offer him financial compensation for his agreeing for divorce and if things get settle you both seek divorce by mutual consent.

 

 

 
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Advocate

As of law today, there is no compulsury requirement of registration of marriage, hence your marriage is perfectly valid in laws and hence you will need divorce from court only, if you want to get seperated.

From your explaination, it seems your divorce case is at stage of evidence. After the same there will be final arguments.

In the meanwile you can add one more ground in your divorce petition i.e. desertion. Contested divorce takes some time, which can be kept minimum with good advocacy. All depends on skill of advocate

http://aegisjurist.com

http://facebook.com/aegisjurist

 
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