Upgrad LLM

divorce by change of religion


hi

am 35 year and my marriage is in ruins. I have reached to point whr i think da relation is irrepairable. But she aint ready to give divorce. I have been living seperately since last 1 year(almost) and as far as i know if i stay another 1 year like this i will be eligible to file divorce on grounds of desertion. But i know that will waste another 2-3 years in total.

So my question is, If i change my religion to say christanity, can i than file a case for divorce?? Please put some light on it.

 

Thank you

 
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propra

Are u insane!!

 

Whatsoever the ground you create or genuinely have it with you,...........................

if another spouse wants to delay the divorce or deny by delay, then there are loads of techniques that the other spouse makes use of or rather asks the lawyer to apply it. The lawyer just delivers what is expected by the client.

 

Issue of summons

prolonged hearing cycle, adournments, transfers

Counters Apps, interim maint, 498a, DV, stay, streedhan, injuction, alimony

Review at trial Court,

revision at upper court,

then appeal at HC for int. apps

and then appeal at SC.

 

Are u saying u can get it quickly!! People were eye witnesses for that ajmal kasab who was shooting and killing people, which is already in recordings on CCTV, mobile also.

Still it took 1 year and still going on in Upper court.

 

 

A word of advise: My suggestion to you..... whenever you go to a doctor, do you have a feeling that "you have generated a 'rozgar' for the doctor?.........simple answer would be  NO.

 

You should have same thinking while approaching to a lawyer!!! B'cos its your problem that u cudn't sort out. If you think you are generating employment for legal professionals then you are utterly wrong!!!!......only you and your wife are to blame.

 

There is something called "sheding away resistance" and "agree to disagree" , "power of forgiving" , "essence of acceptance of past which can't be changed..even defeat" then even defeat won't look like a defeat.

 

Acceptance and forgiving is the key. Even if the other party mocks you that 'it was not forgiving but it was weakness' yet it is what it is.

 

It's easy to commit collateral damage but it's couragous to sustain damage and be sensitive to opponent.

 

Is it difficult for india to drop a dozen atom bombs on neighbour? at the max, india would recive a half dozen of the same in reply. But finally tally would be in india's side. Is that what anybody would want?

 


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propra

one can not take advantage of his own wrongs.

 

Remember divorce is a 'remedy' and not a facility to walk out.

 

At the max, you can negotiate it by treating it as a contract and convincing other spouse for mutual consent.


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UNEMPLOYED

you show the cruelties of your wife and get divorce.


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UNEMPLOYED

i understood your position and torture upon you.

even you are ready to leave your religion, which is almost equivalent to commiy sucide.

we, who are many in numbers, can see this position but our law makers unable to see it.


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Thank you Arup Sir.

Unfortunately, as i said, it is only mental torture, i feel so down emotionally, if i have any stress due to work and all i never get comfort. Any good human will dream of better marriage life tho even i know ki "kisi ko mukammal jahan nahi milta" but atleast basic to milta hai. So, i cant prove any cruelty as such by her in court and court wont understand emotional grounds. After thinking and studying alot i thot of changing religion. so, WILL IT WORK?

 

@jamai of law........friend, nothing except the forgiving part is relevant to my case. How come u r comparing my case with bombing of india over pakistan, or ajmal kasab? Where i mentioned that i am generating rozgar for lawyers??


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UNEMPLOYED

MENTAL CRUELTY IS ALSO A PART OF CRUELTY.

YOU TAKE HELP OF A SR LAWYER OF YOUR LOCAL AREA, WHO ALREADY DEALS SOME DIVORCE CASES AND WIN.

YOUR CASE (MENTAL CRUELTY)  REQUIRES EXPLANATION AT COURT. 


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propra

Karan ji,

 

I do understand what you must be going through.

I made my comments after reading your post.

 

You are living estranged for 1 year already.

But you seem to be already going through the divorce laws and knowledge baout it.

 

It's not a bad thing rather a good thing to study the laws.

People mostly dash over here after they are slapped with notices/summons and police walk-ins etc. 

You already know about desertion periods, cruelty, and change of religon etc at least some of the grounds, you are separated for 1 year.

 

If you are really contemplating...then do get thorough information.

 

Go to councellors also.

 
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Legal Consultant/Lawyer

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

CHAPTER IV: NULLITY OF MARRIAGE AND DIVORCE

13. Divorce

    (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

        1[(i) has, after the solemnisation of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or

        (ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or

        (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

        (ii) has ceased to be a Hindu by conversion to another religion; or

        1[ (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 Kindly go through the attached Judgements:



Attached File : 4 4 b chandra manikyamma vs b sudarsana rao alias saleem on 9 september 1988.pdf downloaded 302 times

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propra

".......on the ground that the other party...." (and not the one on its own)

 
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