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Rajni Choudhary (Insurance Industry)     19 March 2009

How to get divorce?

Dear Friends,

I got married on 14th-aug-2000, that was love marraige. My parents were not agreed of this relation so we both got married in Arya Smaaj mandir & we didnt informed in our homes. I was living with my parents only . I didn't lived in his home or with him not a single day till now after that marrige because of some situation. Because of my family pressure i decided not to live that person because he lied to me in lot many things. He hided his actual address, had shown me someone else house as his own house (that he shown me before marraige), you can say without looking his background, in total foolishness i taken that big step .

Now dont know where is he now, whether he is livng in delhi or not. 3years back i had got some news that he got married to someone else.i dont have any feeling with him. But i cannot get married to someone else without legal seperation, i dont know to send him legal notice as i m anware of his any address.

Please help me how this marraige can be dissolve in this situation...

Rajni



Learning

 19 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 March 2009

yes marriage can b dissolved. if u both r hindus u will hv 2 file a petn in civil court if intercost dist court is d jurisdictin. u can alone file a petition on d groud of 2nd marriage or adultery

Swami Sadashiva Brahmendra Sar (Nil)     20 March 2009

1. u may file petition for anulment of marrige under s. 12(c) of Hindu Marriage Act on the ground of consent taken by fraud


or


2. u may file divorce petition on grounds of adultry /cruelty/desertion or his disappearance for more than 7 years.(under  clauses (i),(ii),(iii) and (ix) of clause (1) of s. 13 of the same Act

Swami Sadashiva Brahmendra Sar (Nil)     20 March 2009

pls note that you will be required to produce marriage certificate issued by arya samaj. and when you are filing divorce petition on ground of bigamy or adultry you will be required to prove the same. so far his address is concerned give his address shown in the marriage certificate . for further advise you may  contact me on 09839527421 or 0532-2545245 email: dr.vntripathi@yahoo.com


Dr. V.N. Tripathi, Advocate


Allahabad High court

Terrance (Advocate)     20 March 2009

Hi, this is Adv.Terrance,


Reading your episode I feel pity for you as well as wish to help you in the best and  maximum manner possible legally. But for that you will have to furnish me with more details such as your length of relatiosnship prior to your marraige, any real witnesses were really there mentioned in the marriage certificate provided by the Aryasamaj, what is the present attitide of your parents, are they aware of the marriage incident by now, if they come to know about the same would they support you legally and finacially, are they pressing you for a marriage, etc. etc.


There fore in your own better interest do furnish whatever details more could be provided by you which you think you  may be legally beneficial as well as helpful to effect a DIVORCe within its maximum allowed duration by the concerned Court. 


If you wish you may contact me at email address: adv.terrance@gmail.com


 

Terrance (Advocate)     20 March 2009

Hi, this is Adv.Terrance,


Reading your episode I feel pity for you as well as wish to help you in the best and  maximum manner possible legally. But for that you will have to furnish me with more details such as your length of relatiosnship prior to your marraige, any real witnesses were really there mentioned in the marriage certificate provided by the Aryasamaj, what is the present attitide of your parents, are they aware of the marriage incident by now, if they come to know about the same would they support you legally and finacially, are they pressing you for a marriage, etc. etc.


There fore in your own better interest do furnish whatever details more could be provided by you which you think you  may be legally beneficial as well as helpful to effect a DIVORCe within its maximum allowed duration by the concerned Court. 


If you wish you may contact me at email address: adv.terrance@gmail.com


 

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     20 March 2009

Dear Ma'am,


The brief facts submitted would suggest that your marriage may be dissolved in more than one ground.


Firstly, anulment of marrige for the reason of consent taken by fraud and concealment of material facts which if disclosed you would not have volunteered to such marriage. [Section 12 HMA Act].

 


Secondly, also on ground of desertion or husband's disappearance for more than 7 years. [Section 13 HMA Act]


As regards address, you will have to rely on the last known address of your husband.


 


Trust this would suffice.


 


Rabin Majumder


For NuDelhiLawFora.


 

1 Like

n.k.sarin (advocate)     20 March 2009

Dear madam,


I think first of all you must tell the truth to your parent,if you not tell yet. In these circumstances as you narrated you can get divorce easily and hastly.as far as marriage certificate is concern,if the certificate is not with you, you must obtain the  certified copy of the same from Arya samaj mandir where marriage took place. Further in my opinion you follow the guidance given by ADVOCATE RABIN MAJUMDAR.and I think you have  one more ground for divorce that is cruelty.

N.K.Assumi (Advocate)     20 March 2009

Agreed with all my learned friends.

Shashikant V. Patil (Lawyer)     20 March 2009

I too agreed for all above .

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     20 March 2009

U can file a divorce petition with the ground of adultry & bigamy &  matrimonial frauds. Moreover, u can claim maintenance from ur husband as per law.

TUSHAR SUMAN THAKER (ADVOCATE)     20 March 2009








I agree with Sri Rabin Mazumdar.


 


You can file a Petition for Divorce in a Court of Competent Jurisdiction having territorial Jurisdiction on various grounds mentioned in the subsections of Section 13 of The Hindu Marriage Act, such as the husband having physical relationship with another woman, desertion by husband for a continuous period of three years, and the husband not being heard of as being alive for more than seven years.


 


The marriage is also voidable under section 12 of the HMA as the consent of the wife has been obtained by fraud.


 


For further clarification you can contact me at tsthaker@rediffmail.com.


 


Best of Luck.

vijay dhiman (advocate)     20 March 2009

i too agreed to all above

kavi (lawyer)     20 March 2009

Dear learned seniors,


Dear Madam,


1. Check whether your marriage is registered before go for divorce. I  think there must be two witness to get married in arya samaj.


2. Whether have you registered marriage certificate given by arya samaj


after verifying this you can go as adviced by all member


 

ambika.S (advocate)     21 March 2009

I would like to suggest you among the other grounds as advised by advocates to file Divorce on the ground of non-consummation of marriage.


The address of the other person if not found then you can file the last known address and get an ex-parte Divorce if he does not come to the Court.


All the Best.


 


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