divya 16 January 2015

Divorce after 5 years of seperation

Hi Experts,

I loved a person for 2 years. My parents arranged marriage for me and thus he lied and forced me to get register marriage with him when I completed 18. He said that if I get register marriage, it is just a confirmation and doesn't affects anyone life.

So I believed him blindly and got register marriage on 21 October 2009. But I didn't informed parents and stayed at home as usual. I believed that marriage didn't happen,only just confirmed that one day we will marry in future.

But day by day I m unable to resist his torture and behavior. He tortures me like anything, quarrels with me and maker me cry everyday of my life.

He started to blame me so badly and said that I should not speak with boys. Even if I bought a ticket to other man in bus, he will quarrel with me for 1 day. He also said that he wont allow me to work anywhere.

So I stopped speaking with him. After 3 months he blackmailed me that marriage is over and if I refuse to go with him, he 'll publish all in news.

My family is poor and I don't wanna my parents to know any of these. I don't wanna live with him and need divorce. He agreed at beginning but now he opposes and says that he won't allow me to live with anyone whatever I do. Still now I m not feeling free and livivng everyday with lot of mental pressure.

I dont know what to do. He knows my residence and parents phone number. He blackmails me everyday. It would br great if anybody helps me to get my life back.

My friend told me that if the married couples lived seperately for more than 5 years from the time of marriage, it is accounted as nullable. Is it true?? If it is not true, what are the other ways to come out of this problem easily??

It's almost 5 years and I want to release myself from this mental torture and from that cruel person.

Please suggest.

Thanks

Divya

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9 Replies

Adv. Gurchal (Practicing Advocate) 16 January 2015

what was your age at the time of said marriage?

you have to file complaint and application to the court? (if you dont want your parents know about this, do it secretly)

can you tell me your location?

(we can help you in Mumbai & Pune)

for help:9860496005

divya 16 January 2015

Hi sir, Thanks for your response. I'm from chennai. My age was 19 at the time of marriage. My birthday is Sep 90 and got married on Oct 09. Please help me to get rid of my problem.. Thanks Divya

Jayashree Hariharan (Advocate) 16 January 2015

if you have never had any relationship at all , hope you understand what am talking anbout. then u can take divorce on grounds of separation. dont worry.

Laxmi Kant Joshi (Advocate ) 17 January 2015

as per to me you must tell everything which is true to your parents don't conceal anything from them , for how many days / months/years you can hide the facts oneday the truth will come out then think about your parents situation , so tell them bravelly that you had done this innocently , your tenson will remain half and i am sure they will forgive you , otherwise your so-called husband will blackmail you , for court cases you need money, time, summons will come and too many things , take your parents in your confidence and file divorce case on the ground of desertion and non consummate of your marriage, in between you record all of his threaten calls ,emails , sms in your mobile phone and exhibit all these in the court as an evidence which can be treated as amount of cruelty done upon you .

LegalFighter (test) 18 January 2015

Dhivya,This is the reason why always moms guide thier daughters in each and everything and ask them to share every days activity without hiding anything whenever daughters came from work/school/college.

Its not a simple task to go court/police station without parents or gaurdians. Please speak with your mom slowly and make her to understand, then slowly make your mom speak with your dad.This should happen for sure because they are the onne who stand with you whatever happens.Then you will get a good moral support.

Before that reconcile the truths/facts which happend between you and that boy and take a firm decision to live with him or not.Whether the marriage took place in register office or in a kalyana mandapam ,in front of ur relative or elders, with or without maangalyam, a marriage is done for you.so try speaking with him, make him understand and get good understanding to lead a happier life.Moreover its a marriage and the the guy was selected by you.As you think , its not an easy task to get a remarirage after you get a divorce.

divya 18 January 2015

Hi experts, Thanks for all your valuable suggestions.

But really my parents won't forgive me. But I 'll surely try to inform them.

Marriage is done at register office. Only sign. No knots. His friends only there. No one by my side.

I'm not at all interested to live with him. He always tortures me. He combines me with other person's life. Whenever I speak with a boy or unknown person he quarrels with me. And this is the reason he doesn't like me to go to work.

I really passed 5 years with this mental torture. I don't had any relationship with him. I still don't wanna be with him. Also I don't want him to interfere in my life.

Please suggest. Can I get divorce in terms of seperation, as we have not live together even for 1 day?? Does the court needs us to live together at least for 1 year to get divorce??

It'll be a great help for my life if anyone can resolve my problem and help me to live a peaceful life...

Thanks

Divya

LegalFighter (test) 19 January 2015

Speak with your parents, get a good lawyer and set to go for divorce.Lawyers will guide you to get divorce ASAP.

SuperHero (Manager) 20 January 2015

If the marriage is not consumated, then you can go for annulment.

Lawyers can throw more light on this. One foolish act in life is haunting you like anything.

First go and inform your parents, fall on there feet and ask for forgiveness. They may be angry at you and scold you left and right. But again they are your Parents who brought you on to this earth.

You have lost the Trust, Faith with your Parents. They will be sad and sorrowful. But they will understand.

Talk to a lawyer immediately as advised by advocates and file for divorce.

saravanan s (legal advisor) 20 January 2015

as all experts suggested first let your parents know what had happened so far.you definitely need their support all through.you can claim divorce on the grounds of cruelty.suppose if you join him in matrimonial home due to mediation by both your parents and if he still continues his cruelty you can file 498a and also under dv act.