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Mohit (Manager)     08 December 2011

Help requied to get rid from divorce case

Hi friends, I would like to get the guidance in my case, we got married in Arya Samaj without the consent of our parents and our parents were not present during our marriage ceremony. We have got the registration marriage certificate for the same

After our marriage my wife parents came to my house and requested us to come at their native place for reception. We went there along with my family and attended the reception and after that my wife parents registered that function day as marriage day at their native place. Now, I have two marriage certificates for marrying with the same girl.

We have filled the consent divorce (13B) at the place where we both are working. But after few months she filled the 498A against me in her native place and I took the Anticipatory bail to save myself from arrest.

Now my lawyer is suggesting me to take back my consent from the petition filed for mutual consent divorce. This is a very confused state; I am unable to find me to take the right decision at this moment.



 8 Replies

Mohit (Manager)     08 December 2011

Originally posted by :Mohit
"
Hi friends, I would like to get the guidance in my case, we got married in Arya Samaj without the consent of our parents and our parents were not present during our marriage ceremony. We have got the registration marriage certificate for the same

After our marriage my wife parents came to my house and requested us to come at their native place for reception. We went there along with my family and attended the reception and after that my wife parents registered that function day as marriage day at their native place. Now, I have two marriage certificates for marrying with the same girl.

We have filled the consent divorce (13B) at the place where we both are working. But after few months she filled the 498A against me in her native place and I took the Anticipatory bail to save myself from arrest.

Now my lawyer is suggesting me to take back my consent from the petition filed for mutual consent divorce. This is a very confused state; I am unable to find me to take the right decision at this moment.
"

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

Your lawyer is right. If you leave her free with 498a hanging on your head, it would be left hanging for quite some time.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Mohit (Manager)     08 December 2011

Thanks shonee..my worry is if i withdraw my consent then whatever clauses (like she has taken all stridhan, other things) written in 13B document will be void.. and my anticipatry bail was on that basis..she also forcefully staying in my flat which is on my name and i am staying in rented house..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

Then there must be a clause of closing 498a too.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

geeta (production head)     15 December 2011

Hi friends, I would like to get the some details of my case, my friend got married in the year 2007 its a registration marriage and after that they guy spoke to girls parents and they have accepted and did marriage function......in the initial stage itself the girl was not interested to move with her husband (in all the ways). she stayed with him for 1 1/2 year, having husband she had extra matrial affair with her X-boy friend......one fine day she fought with him and his parents and left the house. now its 2 1/2 year she is staying in seperate house and having affirs with others....we have all the proof of mails which she has sent to her boyfriends......they have cancelled the registrer marriage in list and also applied for divorce....form past 2 years she is staying with some one. my friend and their family members spoke to her so many times to come back but she is not ready that time....now my friend is searching a girl for marriage and some how she came to know all this and she spoke to that girl and she is creating problem and asking rupees 10 lakhs as settelement then she will leave him other wise she will complaint to police. we have some snaps of her wherin she was enjoyng with her boyfriends. and take all volger snaps...........

please advise me in this case what action we can take.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Hi Geeta,

 

If it was a registered marriage, the husband need to seek divorce only.

 

W/o divorce his second marriage would be void and he can get penalized as well.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

geeta (production head)     15 December 2011

Thanks Mr. shonee.....Will ask him to get divorce and then proceed further

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

All the best.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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