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nav (officer)     12 December 2013

Divorce in 2 months from marriage

Dear All,

My girl friend got married in Oct 2013 forcibly by emotional grounds. She disclosed her previous relationship details to the Guy and asked him to stop the wedding. However he did not and got married. Since two months she is not happy in her marriage and wants to come out of the marriage relationship.

She has been talking to the guy to accept for a Mutual Concent Divorce but he is not accepting.

 

Kindly advice in what stands can she get a divorce. Or can she apply for nullifying or cancelling the marriage.



Learning

 9 Replies

fighting for my brother (HR)     13 December 2013

ask your girlfriend husband to join this club..... he will understand wat happened after forced marraige..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 December 2013

file a annulment petition before court will be better.

SAM (LEGAL)     13 December 2013

Dear Nav, Let her be happy in her mariage life, do not interfere in her life and please do stay away from her life. Find a better girl for yourself and try not to involve and disturb her life. If she really did not want to marry him even after disclosing him all the facts, she should have eloped with you and marry with you in temple. Dont instigate her to break her matrimonal life and let her be happy. If she really had loved you so much, then she would not have married with that guy even if she was facing so many pressure from her family.

nav (officer)     13 December 2013

Dear Sam,

I am actually not instigating her. She wants to come of the marriage because she is not happy there and he is not stable where he wants a life with her, He is accepting for a divorce and later he is withdrawing, she is fearing that he might in later period ask for divorce. So she feels it better to get a divorce now. Please advice on this front

T. Kalaiselvan, Advocate (Advocate)     13 December 2013

Nav - Annulment of marriage is one option and another option is that if both agree for dissolution of marriage by a decree of divorce under mutual consent, let them file an application u/s 14 of HM Act, seeking permission of the court to file the divorce petition, once it is okay, then go for the main petition.

Aazad Sufferer (Advocacy-Family and women oriented laws)     13 December 2013

Dear querist ,


The lady has three options open for her if she is not happy with her married life. The two life will be destroyed if it is sustained by force for the sake of society.

No body can force to live with anybody it is against Human Rights.So,better try to convince amicably by sitting together with help of both sides and come to the conclusion.


1. Option-1 (marriage done by force and coercion U/s 11 HMA)


2. Option-2 (exceptional hardship in marriage to live conjugal life U/s 14 HMA)


3. Option-3 (Mutual divorce U/s 13B after completion of one year)


Thanks & Regards,




venkitachalam (advocae)     14 December 2013

Dear queriest,

 

It is sad such things are happenings in youngsters life, probably by mistake of elders .

Now it has to be made sure that both of them do not want to continue as husband and wife. 

Second factor is that you are only making such statment whereas your girl friend who is now married has not 

come out with any statement. Let her jin this forum and exxplain her position since it will not be correct 

to break a marriage unless full details are spelt out clearly.

 

Venkitachalam J

Advocate & Accredited Mediator

Advocate Ravinder (Advocate/Attorney)     16 December 2013

The girl should have given a police complaint against the persons who forced her to marry. Even now she can give police complaint stating the delay in not giving complaint in time.  Failing which file private complaint before concerned Magistrate.  She can also complain before Human Right Commission. 

NalaLyla13 (Assistant)     12 March 2020

Dear Nav,
Is it possible for you to visit a lawyer? Or visit some websites which allow to divorce online as far as you might be talking about uncontested divorce case, you might apply for it without going to the court on the initial stage.


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