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meenakshi (comany sectreatry)     26 December 2009

help required on urgent basis

Girl was married to a railwaya govt employee ... since after the inception she was treated with utmost harsh, cruel and indecent behaviour from her in-laws ... she was beated badly by the drunken husband on the behest of his family on every now and then ... she kept on bearing all the cruelties but all in vain ... later on she came to know that when her husband got married to her he took divorce from his previous wife though panchayat ... now he has neglected his present also without any cause or reason ... can the present wife file petion for divorce???? if yes, on which grounds???????????



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 17 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 December 2009

 She can file for divorce on the ground of cruelty. If the fact of previous divorce was concealed at the time of marriage with her, a ground of 'fraud' can also be included.

meenakshi (comany sectreatry)     26 December 2009

archana jee ... what are the relevant sections to file the case and which courts to move????????//

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     26 December 2009

 SHE HAS VERY GOOD GROUNDS FOR DIVORCE AS WELL AS ALL RELEIFS FROM THE INLAWS, BETTER MEET AN ADVOCATE IN UR JURISDICTION IMMEDIATELY. SINCE HE IS GOV EMP RELIEF IS VERY EASY.

A V Vishal (Advocate)     26 December 2009

When was the marriage solemnised?

prince isac (advocate)     26 December 2009

Husband is a citizen of US by birth. Wife is an Indian. Wife files a petition under section 13 (1) (1a) of the Hindu Marriage Act for a decree of divorce in an Indian Court. Of course the marriage took place in India. Both of them lived as husband and wife only in US but not in India. Is the petition maintainable.

Adv Archana Deshmukh (Practicing Advocate)     26 December 2009

 If they are hindus,  divorce petition can be filed on the ground of cruelty u/s 13(i-a) of the hindu marriage act. The petition is to be filed in the district court / family court. Contact a good local advocate.

meenakshi (comany sectreatry)     26 December 2009

but as per as the status of the husband at the time of solemnisation of the present marriage is concerned ... he was still married at the time of marrying again ... as per hindu law the spouse should not have a spouse living at the time of marrige .... it was not aslomenistaion of marriage with presnt wife ... if no marriage is thre how to file for divorce??????????

meenakshi (comany sectreatry)     26 December 2009

vishaal jee marrige was solemnised sometimes in 2007

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     26 December 2009

 I HOPE BETTER TO MEET ONE LOCAL ADVOCATE SINCE IT IS A MATRIMONIAL COMPLEX MATTER,PERSONAL ADVICE IS PREFERABLE. 

Adv Archana Deshmukh (Practicing Advocate)     26 December 2009

 I thought the fact was divorce was concealed....If the first marriage was subsisting at the time of solomnization of the second marriage, then the 2nd marriage can be declared void by a decree of nullity by the court.


(Guest)

as per my view second marriage is null and void if husband was not divorced from first wife by a court and panchayat decisions don't have much value in terms of divorce issue and they don't have power to grant divorce.

K.C.Suresh (Advocate)     27 December 2009

FILE A CASE u/S 498 A - THEN FILE A COMPLAINT UNDER DV ACT (DOMESTIC  VIOLAENCE ACT) BOTH BEFORE THE MAGISTARATE COURT. THEN FILE A DIVORCE PETITION BEFORE A FAMILY COURT.

N.K.Assumi (Advocate)     27 December 2009

I am with Suresh. 

Binod Kumar Mishra (Government Service)     27 December 2009

You are saying that the girl has been married to a government employee and also saying that he is a citizen of India and the girl and the boy lived in US as well. anyway there is no problem in moving against the said Government employed husband but the truth must prevail.

 

you must disclose each and everything to get some genuine advice. only getting advice on the basis of some raw facts will lead to disturb someone who is opponent and since this is a family dispute or not of a criminal nature (as far as divorce is concerned) so please must come up clean with your case.

 

don't take it otherwise because i know that more than 99% of the 498-A cases are filed against the employed husband and the charges from the girl side are same as you have mentioned in your current application.


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