Upgrad LLM

is this marriage a valid one after 7yrs


in my degree 2year i got court marriage wit a boy without informing our parent coz they won't allow this marriage till 6 years we have never told our parents n till now we are living at our indivisual home. within this time he was cheating on me i decided to give divorce to him but he doesnot. a friend of mine told me a court marriage is not valid untill they together alteast for  1 yr or 3 yrs or so is this correct please i need some way 

 
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Senior Partner

@ Author

Yes, you may seek divorce on grounds of constructive desertion of 6 years. But, do annex true copy of Court Marriage Certificate with your Petition along with a seperate application to admit (showing original for admission / denial by opposite party if any) the same just before issues are framed.

 


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Consultant

if u were in touch via any means telephonic, web or other physical efforts like meeting, sharing feelings, includes (telepathy) , enjoying the company of each othr, desertion either constructive or destructive dosen't attract,as hiding from parents were your cooperated as well as well planned decision in pursuance to ur future together, further   you have to give prima facie evidence of cheating ( as mentioned, or whatsoever imagined) in case the boy didn't wish to divorce, but lack of ochabitation is a ground,if any for the aforsaid duration, if any, you can take a ground for divorce in ur favour...

Ajitabha Pandey

Out of Court

A Complete Legal and Paralegal Solutions....


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NA

@ Mr. A. Pandey

Telepathy????

What is the proof for that?

But then in relationships many things happen without a proof, love, hate, violence, domination...etc. 

But what are the ways to make telepathy admissible for such cases? 

 
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Advocate

What are the basis of his cheating on you? It appears that you are making a wild allegations against him.

 
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NA

Hi Assumuji

She has not explained the nature of cheating, if any, which she should have. So we do not know whether she is making wild allegations or not. As always happen, in LCI only one partner comes with her/his story!! 

I have indicated it in lighter spirit!! So take it in a light spirit !!

 
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Consultant

this is not a constructive desertion in true sense but  consult expert matri lawyer to draft a good petition he will sail u thru it and get u a divorce.

 
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propra

File divorce petition and mention all details of his cheating.

 

Also do give concrete excuses why you both were compelled to hide/tell lies about your marriage to your parents respectively (otherwise your case would become weak), it will help you to show case your situation under which you got married.

 

Make a story how yo u got manipulated by circumstances and hence you need to break free legally.

Mental cruelty is alsoa  good ground as well as constructive desertion as said tajobsindia


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What do you mean by "Court Marriage"? Did you get married under provisions of Special Marriages Act? Who  issued the marriage certificate?  If what you claim to be "Court Marriage" is just an agreement signed before a notary, that is not a legal marriage unless followed up by religious ritual marraiage which has to be proved for validating marriage.

First verify the validity of the mariage before considering filing for divorce. May be you are not married at all - legally.

 

 


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Practicing Advocate

Dear Ness,

First of all the details provided are incomplete, whatever, things viz. cruelty, living separately (desertion which mean no relationship in any form) etc., could be ground for divorce, but it has nothing to do with your question relating to validity of marriage, for that you need to intimate caste status/ age of you both at the time of stated court marriage.  Only thereafter, status whether said marriage was proper or void could be clarified.  Presumed if marriage solemnized in marriage registrar's office viz. ADM etc., etc., same was proper provided you have not submitted forged age/caste documents etc., etc.,

Presume, governed by Hindu Marriage Act, obtaining divorce is not a easy thing, even in mutual divorce petition under Hindu Marriage act, it takes at least 6 to 18 months, otherwise things could linger on for years, mean in case you file a divorce petition your husband can file petition under section 9 of Hindu marriage act,1955 seeking restitution of conjugal affairs.  So, cool down, take a mature decision, in consultation with concerned one.

Best of luck.

Me, Law Graduate.

 


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