chand (ca) 25 January 2010

divorce without consent of my wife

Dear sir

am chand.i have critical problem now.pl give legal suggestions.

In 2009 jan to april,i stayed with one girl and one boy.both are my friends.but i have girl friend at that time,she is friend of a girl ,who is staying with me.But at weak moment she tempted me and we do that activity;i.e s*x.she started to blame.and by using,her family background,by forceably made marriage with me for her.but i dont like her.without knowing to my parents,they forceably made marriage in 2009 may.from that time onwards we are seperated still now.she told before marriage ,i will give divorce.

But now she cannot give consent to divorce.i want to give divorce to her and marry my lover.is it possible to give divorce without her consent.please tell the procedure and methods ,to fallow,for my problem solution.

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4 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 25 January 2010

Actually, this is your punishment what she is giving you.

Apoloze her and her parents, may be they forgive you and then you can get divorce very easily within 6 months.

else you can file divorce case but it will take years and she may also file various cases against you and your family.

Good luck.

Meenakshi (Lawyer) 25 January 2010

.But at weak moment she tempted me and we do that activity;i.e s*x.???

Really how weak???were u in coma or did she molest you?

Don`t make it sound like its all her fault?

What happened was reasonable and just as you both stayed alone ...But since your commited and she gave u inappropraite signals which is OKAY as two opposited staying alone would leade to something like that u are also to be blamed for as you could simply prevent losing Control...

Kamal Grover ji is absolutely right..Ur get what you give..This matter can be settled and so dont frustrate the matter by annoying her by blaming her etc.

Obviously she is disgusted so apologise and the most important thing tell this recent girl Your married and that too because of both not just her! If she still doesnt get back...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 25 January 2010

Here is your remady my boy; sec 12(1) (c) of the Hindu Marriage Act. If you want to know further please be free to contact me.

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

(c) that the consent of the petitioner, was obtained by force as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent; or

(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;