LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sujan (S/w)     02 December 2013

Divorce with her husband

Dear sir,

 

My girl friend got married 2 month ago, as she is hindu i am hindu, we failed to convince parents. 2 months back she was married according to the match from parents side. Parents didn't asked her opinion about the match and married blindly. She is also facing problems from the boy . Marriage is not yet registered.  But now she is not able to adjust with them and facing lot of stress. Her situation is very nasty, not able to forget me and not able to adjust with them.

 

 And she was not interested to stay with him..so can you please suggest me what is the best way to come out from him and how much time wait for going to second marraige..and what is the best solution for that..please give valid reply.because she doesnt interest to stay with him and ready to take divorse..pls suggest..



Learning

 5 Replies

Tajobsindia (Senior Partner )     02 December 2013

1.    Advised to forget her and leave her to her destiny. Concentrate on your job and get matured to move on in life.

2.    Marriages are not to be treated as child’s play that with whims and fancies of one partner s/he breaks to rekindle old flames.

3.    So far as re-marriage question is concerned such marriages cannot go on floor of Court without completing 1 year and valid ‘grounds’ to break a marriage as per personal laws of parties should also be there for a Court to consider divorce needs of parties. The presented brief does not carry any such grounds except teething issues in a young marriage with one partner not forgetting her boyfriend even though she is now married and her boyfriend still keeping in touch with her. Give her space and time by following para 1. Breaking marriages are now-a-days expensive too and may be like a full circle in future if disturbed.  

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

Dear Querist

I completely agree with the expert.

if there is no chance for her settlement with her husband and she has decided to got divorce from her husband then she can file a divorce petition before the court or file a petition u/s 12 of HMA

read both the section carefully

12. Voidable marriages.

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) 5[ that the marriage has not been consummated owing to the importance of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[ was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 ], (2 of 1978 ) the consent of such guardian was obtained by force 1[ or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub- section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub- section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife- after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub- section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 2[ the said ground].
 
 
13. Divorce.
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the
1. Subs. by Act 68 of 1976, s. 6, for" or fraud".
2. Subs. by s. 6, ibid., for" the grounds for a decree".
husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) 1[ has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization 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
(iii) 1[ 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. Explanation.- In this clause,-
(a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]
(iv) has 2[ been suffering from a virulent and incurable from of leprosy; or
(v) has 2[ been suffering from venereal disease in a communicable from; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
1. Subs. by Act 68 of 1976, s. 7. for the former cl.
2. Certain words omitted by s. 7, ibid
1[ Explanation.- In this sub- section, the expression" desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 3[
(1A) 4[ Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[ bestiality; or]
(iii) 7[ that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 , (78 of 1956 .) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 .) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 ), (5 of 1898 .) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 .] (68 of 1976 .)

T. Kalaiselvan, Advocate (Advocate)     02 December 2013

Whether her marriage was consummated ?, what is her opinion about divorce and re-marriage?, Is she still in the hostile nature with her matrimonial people especially with her husband?, a marriage performed under religious rites and customs, is still recognised as a legal marriage whether the same has been registered or not, so without a legal divorce, she cannot re-marry you.  For this a provisions have been quoted by Mr. Qureshi above, go through it or contact your lawyer with details.

sujan (S/w)     04 December 2013

Hi sir thanks for reply...she is 100% not interested with her husband...if she wants to take divorce how many months we will wait and what is the process..she also don't know whether her marriage is registered or not.can you please explain what's the procedure.

Ms.Nirmala P.Rao (CEO)     18 January 2014

 Let her and her husband Apply for DMC in a Family Court if she still loves you and can't live without you etc..But, they need to wait for a minimum period of 1 year before applying for DMC unless there is exceptional hardship suffered by the plaintiff on account of her husbands cruelty and exceptional depravity on the part of the defendant  etc-in which case at anytime after marriage she can obtain any Divorce whether DMC or otherwise  from her husband as per law. If you wish to thank me for this reply please click the thank you button on my profile.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query