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Sreenivas V (S/W)     25 March 2010

Supreme Court Judgement

I have filed for divorce case as after marriage of 3 days I came to know she eloped for 15 days with her lover. Now with this new supreme court case of legal for s*x before marriage and ok for live in relationship, the girls side are happy that my divorce case will be defeated in court. Now what I have to do in this case?

If the Judge based on this cancels my divorce case saying Radha and Krishna lived together can I ask the Judge to give me permission to marry many girls like krishna as the supreme court says this based on  Radha and Krishna story.

This case is going on in the TANUKU, AP civil court since 1.5 years.



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 7 Replies

Kulveer ( )     25 March 2010

Hi Sreenivas,

 

You can do this - Any how made her confess that she had a relationship before marriage but did not disclosed it to you and secretly record it in some spy camera. You can do this by asking her that why you didn't tell me about those relationships before marriage when I asked it to you. Then you can go for annulment of marriage on the basis of suppression of facts before marriage.

 

You can also collect some evidences which can become ground for mental cruelty and can go for divorce on that basis. Ask some good divorce lawyer about the various grounds of mental cruelty and any how make her to do that and record them in some camera.

Manish Singh (Advocate)     25 March 2010

Dear Mr. srinivas

we should respect the decision of the supreme court and without reading and understanding the judgment, you should not comment over the same. they are the protector of our rights and in fact the judgment given by them does not , in any manner, hinder or affect any of the law of the land. so firstly better read the judgment and try to understand it.

in your case you can not file a divorce petition on the ground that she had had a s*x before marriage. this is not a ground under the HMA. the said section reads as 

 

13 (i) has, after the solemnization of the marriage, had

voluntary, s*xual intercourse with any person other than his

or her spouse ; or

 

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 March 2010

I agree with Adv. Manish Singh.  There is nothing in law preventing anybody from engaging in s*xual intercourse  before the marriage, after attaining majority.

 

Adv. Biju Gopal

www.familylawyers.in

Sreenivas V (S/W)     25 March 2010

Thank you all for the replies. I did not mention one more thing here is that when I came to know about her pre marital relationship we put this issue in elders as she was not allowing me to touch her during which we came to know about this and kept this is village elders. Then she filed a false 498A case against my family. So now there is no other go expect to give her divorce if she wants it or not. I filed for divorce after she filed a false 498A. Both cases are going on since almost 2 years. Now the time came for them to give the statements in court but since 6 months they are not giving their statements.

Sreenivas V (S/W)     26 March 2010

Hi Prabhakar,

I agree with you that principles and others are all good only. The problem is some people who are corrupt and because of them every one will be blamed and that is common human behavior. When one feels cheated then it is common that saying these bad words will come. In my case I saw some very good lawyers and also bad lawyers. The difference i found is that good lawyers knows about law very well so they are sincere, and people who does not not know they are behaving very badly, like taking money from opposite party also and taking more money reason being by bribing others trying to win but which will always loose at the end.

The main problem I feel in this judicial system is mostly we will win if we are correct but the time it takes is very very long which is actually hurting us and our valuable life is being spoiled even though we win the case after 10 years.

Suryanarayana Tangirala (Advocate)     28 March 2010

Mr.Sreenivas you case has nothing to do with supreme courts recent Judgment on Pre-marital s*x,u did not mention on what grounds you filed divorce case?what ever the grounds you have to prove them as you filed case for divorce why are you not filing evidence affidavit to proceed with trial?


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