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sunil (NA)     12 August 2013

Divorce

Hi,

I have a situation here. And i need some help.

I have been in love with a girl for few years now. This happened in May 2010. Though she loved me so much, she could not tell that to her parents. and their parents have arranged a marriage for her. She reluctantly married the guy just for the sake of her family. but right after the marriage she understood the mistake she did and could not accept him to be her husband. three days after the marriage she confronted the bride and told him that she cannot imagine anybody but me as her husband. the marriage was nor consummated neither registered .  and they have lived in their respective homes. Inspite of their families request to reconsider their desicion they have said they would like to get divorced. But only after a year they have signed on some legal papers, which have mentioned that they would like to part ways and neither of them have any problems what so ever if one would like to get married and nor should he/she , in a sub registrar office and got it stamped.

Now, we would like to get married. but my question is

are the papers they signed legal enough or should she rather we have to get the maariage to dissolute by divorce or annullment??

Please Explain..



Learning

 5 Replies

Suri.Sravan Kumar (senior)     12 August 2013

divorce by mutual consent.


(Guest)

Hi, I have a situation here. And i need some help. I have been in love with a girl for few years now.

and still loving...

 

This happened in May 2010. Though she loved me so much, she could not tell that to her parents. and their parents have arranged a marriage for her.

today is 12 aug 2013-----till today you were in touch with her even though she married to another guy.(girls fault here to marry somebody else rather than you)

She reluctantly married the guy just for the sake of her family.

What for the sake of family?my brother, if a girl attends her marriagable age she can't be forced against her choice,she should have atleast convinced her parents.

but right after the marriage she understood the mistake she did and could not accept him to be her husband. three days after the marriage she confronted the bride groom and told him that she cannot imagine anybody but me as her husband. the marriage was nor consummated neither registered .

Within 3 days after marriage she understood, and confronted-----is this not disgusting (as the same thing she would have told 4 days back , to make things more acceptable)

Marriage not consumated----if consumated then it's rape ! (for consummation feelings required)

 

and they have lived in their respective homes.

Mode of divorce before start.....

Inspite of their families request to reconsider their desicion they have said they would like to get divorced. But only after a year they have signed on some legal papers, which have mentioned that they would like to part ways and neither of them have any problems what so ever if one would like to get married and nor should he/she , in a sub registrar office and got it stamped.

Any notorized or stamped paper judicial or non judicial doesn't have value-----for getting married to another person one needs to be divorced legally from FLY court.

 

Now, we would like to get married. but my question is are the papers they signed legal enough or should she rather we have to get the maariage to dissolute by divorce or annullment?? Please Explain..


No annulment here----As what you will say that she married a guy whom she not love and found after three days of marriage that she had done a big mistake.


Only two things here----- if both spouse is ready for permanent seperation then go for MCD OR else contested divorce are always a treat for lawyers.

1 Like

gd dy (gd dy)     13 August 2013

gd. dy.,
don't knw whether appreciate ur love affair or say wht type of love both of u hv. @ the cost of one innocent life who r unaware of it.

frm the detail of ur post it seems tht legal hubby of ur girl frnd. did not consumate marriage. means she suceeded to deny him under one or other pretext. imagine tht he agreed. reason : trust. like me.

m also victim of the same kind bt nw v r both free and my ex has married to her byfrnd.

so it is ur new case.

by the way u did not mention when ur gl. frnd married ? her seperation period ? it is important. also in which city & state u live.

decision of cases in fmly court in maharashtra r speedy and myself too experienced it. if u r in maharashtra thn don't hv much time problem.

it goes w/o say tht all formalities relating to claim r over.

gd dy (gd dy)     13 August 2013

" she understood the mistake she did and could not accept him to be her husband "

well and good to knw own mistake bt wht abt in between these three days she did not realise her mistake ?

mean to say it was pre planned. first married thn take divorce under some pretext - all r free to choose.
as a DIVORCEE, relative may find it little bit difficult for spouse thn project dear one.

nice planned.

Adv k . mahesh (advocate)     13 August 2013

the query is nothing short of a film we all had seen last is hum dil de chuke sanam {salman khan, aiswarya rai, ajay devgan}

here we appreciate the husband who silently gave way for the wife for her love and made legal papers 

1. but if everything goes well then no problem but in future if any once retreats and if wife of previous husband think that she did wrong and goes back to ex husband then it is valid 

2.  say if ex husband wants her ex wife then he can claim her as both have not taken divorce and after some time even wife can go back if any differences arise between lover and wife

3. already you said you have married and no opposition from any one so first take mutual divorce legally to avoid legal complications in future (if everything is good then no problem) 

4. the legal papers they have signed may only mutual agreement to be separated with that they can file in the court for divorce which will be granted very easily 


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