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as (manager)     06 June 2012

How to get divorce

my wife is lawyer and she had filed 498a and all of our family members got bail from ghaziabad . she had files a fraud case of 498a after receiving the divorce notice from me in may 2010 and she had filed a 498a in dec 2010

after marriage we were living seperately even than she files the acse involving all the family members . now for the sake of my son i had files sec-9 but for the last 6 months she is deliberately triyng to kkep me away from my son as she had left the house in 2010 with my son i m also fighting the case of custody for my son my son is 6 years old even after the orders from the court that i along with my family memebers can visit to see my son she didnt allow us to meet him. as for sec 9 when judgse was supposed to give certain order she move an application for transfer of case. now it seems she is not interested in living with me. please help me out to get divorce from her and how to get my son back.



 10 Replies

Adv. Chandrasekhar (Advocate)     06 June 2012

you issued divorce notice but filed RCR case.  What an irony? You do not want to live with her, but filed RCR case, what an irony?  Immediately withdraw RCR case and file divorce case on the available grounds.  For child custody, file interim application in divorce case and also a separate custody case.  Fight Section 498-A case on merits. 

Guest (Guest)     06 June 2012

It is incomprehensible for me as to why you filed RCR after issuing her a divorce notice. RCR never helps. It is a colossal watse of time and money. Withdraw the RCR and file for divorce immediately on the ground of cruelty.

For child custody, file a suit for custody.

As regards 498A against your family members, consider moving the HC for quashing of the FIR insofar as it incriminates them. The fact that they were not living with you, would help them. As far as the allegation of 498A against you is concerned, contest the case on merits in the trial court.

 

Regards,

Ashish Davessar

Advocate

Sonam kapoor (freelancer)     06 June 2012

I got married 2 years back that is on 17th of January, 2010 from Arya Samaj Mandir, now I want to divorce my husband because his family members cause hinderance in my family life. my registration of marriage has been proved to be false by court. so is still my marriage valid by law after proving of the registration certificate false. I want to know that is my marriage a null and void.

Adv. Chandrasekhar (Advocate)     06 June 2012

@sonam,

Adv. Chandrasekhar (Advocate)     06 June 2012

@sonam, in which case the registration of marriage is declared false by the court?  If it is annulment case, then your marriage is null and void and you are a free bird and your status is as that of previous to that socalled marriage.  Even otherwise, if the competent court declared that the registration of marriage is declared false, you can file annulment case and get the marriage dissolved.

Sonam kapoor (freelancer)     07 June 2012

Thought after proving of my marriage certificate false, my laws are forcing me to give divorce on the basis of aryasamaj mandir certificate. How can I give divorce when the legal marriage certificate has proved to be false. is their validity of of Arya Samaj marriage certificate.

Adv. Chandrasekhar (Advocate)     07 June 2012

@sonam, if marriage is solemnized by way of Arya Samaj Style and you got a certificate from Arya Samaj, which has been turned out to be false and declared so by the competent court, then there is no marriage in the eyes of law and such marriage is "void-ab-initio" and such marraiages NEED NOT TO BE DISSOLVED BY WAY OF DIVORCE DECREE.  So, you need not to go for divorce case.  In other words, only a valid marriage can be dissolved by way of divorce decree.

Sonam kapoor (freelancer)     07 June 2012

actually the registration of my marriagehas been proved false by court. and in such case is their is validity of Aryasamaj marriage.

Sonam kapoor (freelancer)     07 June 2012

actually the leagal registration of my marriage has been proved false by court. and in such case is their is validity of Aryasamaj marriage.

Sonam kapoor (freelancer)     07 June 2012

actually the leagal registration of my marriage has been proved false by court. and in such case is their is validity of Aryasamaj marriage.


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