Forceful Marriage

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Originally posted by : Hiding
	I got married 3 months before but we were not together even for 10 mins. On my marriage day the lady was very sick. Later she revealted that she made a suicide attempt on that day. Recently the girl came to my office and said that she was not interested in marriage and no one was listening to her. I recorded this conversation and it is very clear. She also sent an SMS to me as "girl parents are forcing her to stay with me, if she has to stay with me. She will suicide". She is not ready to come. She is knocki g her head to the wall badly when her parents asked her to stay with me. How can I get DIVORCE quickly within 5-6 months. Or as soon as possible

If your wife agrees to file mutul petition your marrigae can be declare as voidable under section 12 (1) (C) Voidable marriages:  on the ground that consent of marrigae was taken by force.

If she is not ready you can file divorce petition but you have to take permission of court because one year of marriage has not completed.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Your very able LOCAL counsel can help, guide to cover any lapses and fetch relief rrom court of law.

You can express your self and discuss in detail to your satisfaction and your counsel can appraise you on merits and timeframe etc.

If marriage was properly solemnized; look for recourses under provisions of personal law that applies, and/or Act under wich marriage was registered.

If there is any (proven) custom of your community/tribe to divorce outside court and by which later court may agree.

GO thru;

The Hindu Marriage Act, 1955

14 No petition for divorce to be presented within one year of marriage .— Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed]

CPC;151; inherent power can only be invoked where the court is satisfied that the provisions of the Code are not sufficient to meet the exigencies of the case

GO thru and pick up relevant points to become properly informed and discuss with your own LOCAL counsel to your satisfaction;

Calcutta High Court

Smritikana Bag vs Dilip Kumar Bag on 28 August, 1981

Equivalent citations: AIR 1982 Cal 547, 86 CWN 213

Author: C Mookerjee

Bench: C Mookerjee, R K Sharma

Allahabad High Court

Smt. Archana Sharma vs Mukesh Kumar Sharma on 22 September, 2014

Bench: Rajiv Sharma, Mahendra Dayal

Madras High Court

G.Ganesh Babu vs A.P.Arthi on 20 November, 2012

And

Gujarat High Court

Circulate The Judgment Among The ... vs Kokilaben Manilal Patel & on 5 May, 2017

              R/SCR.A/9318/2016                                            CAV JUDGMENT

                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO. 9318 of 2016

 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20/11/2012

CORAM

THE HONOURABLE MR.JUSTICE G.RAJASURIA

C.R.P.(PD)(MD)No.2265 of 2012

and

C.R.P.(PD)(MD)No.2266 of 2012

and

M.P.(MD)No.1 of 2012

in

C.R.P.(PD)(MD)No.2265 of 2012

C.R.P.(PD)(MD)No.2265 of 2012:

G.Ganesh Babu                                       ... Petitioner/Petitioner/

                                                                                                Respondent

Vs.

A.P.Arthi                ... Respondent

And 

Supreme Court of India

Devinder Singh Narula vs Meenakshi Nangia on 22 August, 2012

Author: A Kabir

Bench: Altamas Kabir, J. Chelameswar

           |REPORTABLE        |

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NO.5946      OF 2012

                   (Arising out of SLP(C)No.21084 of 2012)

Supreme Court of India

Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011

Author: P.Sathasivam

Bench: P. Sathasivam, B.S. Chauhan

                                                                            REPORTABLE

                IN THE SUPREME COURT OF INDIA

                 CIVIL APPELLATE JURISDICTION

           CIVIL APPEAL NO.    8402          OF 2011

       (Arising out of S.L.P. (Civil) No. 29641 of 2009)

You may also go thru similar queries in threads, Files, Articles at LCI

e.g; Article under my profile;  

“Court can Grant Divorce even if the facts of the case do not provide a ground for the same

6 months Cooling, Waiting Period for Divorce under Hindu Law is Not Mandatory!”

And pick up relevant points from all above mentioned references/links to become properly informed.

Both of the spouses want to liberate from marital bond.

Take help of your elders and counsels as already suggested.