LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjeev rajpurohit   22 December 2021

My sons wife problem

MY SON GOT MARRIED ON 25/04/2021 BUT UNFORTUNATELY SHE LEAVE OUR HOUSE ON 03/08/2021 WE DO OUR BEST EFFORTS BUT SHE NOT CAME OUR HOUSE.NOW DIVORCE PAPER CAN BE PREPARE AT THIS STAGE WHICH CAN PUT IN COURT ON OR AFTER 25/04/2022 PLEASE GUIDE THE MATTER AND WHAT PAPER WE PREPARE AT THIS STAGE


Learning

 7 Replies

Shashi Dhara   22 December 2021

First' issue legal notice to her to perform marital rights ,if she deny or refuse to come ,both family take council ,if not cured then file joint petition for divorce.

G.L.N. Prasad (Retired employee.)     23 December 2021

Ask your son to contact a local advocate for further process, as the matter is sensitive and there should not be retaliation from his wife's side of filing false cases against him.

Kishor Mehta (CEO)     23 December 2021

Suit for annulment of marriage can be filed in family court before completion of one year of marriage.

P. Venu (Advocate)     23 December 2021

It is for your son to apply his discretion in the matter.

Dr J C Vashista (Lawyer)     24 December 2021

Try to solve the disputes / problems amicably through common relatives/ friends / elederly persons of the society and save married life of your son.

Anaita Vas   03 January 2022

Before filing a divorce case, send her a legal notice asking her to come to her marital home and fulfill her marital duties and responsibilities. If she does not do the same, then you may go ahead and file a divorce petition.

The conditions required under section 13B of the Hindu Marriage Act are as follows:

Husband and wife have been living separately for a period of one year or more.

Desertion as a ground for divorce has been added to s.13 by the Marriage Laws (Amendment) Act 1976. Previously, it was only a ground for judicial separation. Now desertion is a ground for both judicial separation and divorce.


New Phenomenon of NRI Related Desertion

Many non-resident Indians (NRI) come to India to marry girls who are also aspirants to migrate from India by this marriage relation. It is often seen that some NRIs marry local girls, enjoy them and return to the foreign countries with vague hopes behind that their wives would be taken after completion of official formalities. But all those hopes are never materialized. Sometimes they receive papers in India in the form of a foreign divorce decree. In Punjab, it is said that the NRI matrimonial frauds account for at least one-fifth of women-related complaints to the Punjab State Women's Commission.

To check this menace the Centre should make laws that any marriage between an Indian bride and an NRI solemnized in India cannot be dissolved by any foreign court without application of the law under which they are married. There should also be a law for the cancellation of their passports where NRIs are found to be perpetrators of such frauds.

 

Regards,

Anaita Vas

 

Dr J C Vashista (Lawyer)     04 January 2022

Originally posted by : Anaita Vas

Before filing a divorce case, send her a legal notice asking her to come to her marital home and fulfill her marital duties and responsibilities. If she does not do the same, then you may go ahead and file a divorce petition.The conditions required under section 13B of the Hindu Marriage Act are as follows:Husband and wife have been living separately for a period of one year or more.Desertion as a ground for divorce has been added to s.13 by the Marriage Laws (Amendment) Act 1976. Previously, it was only a ground for judicial separation. Now desertion is a ground for both judicial separation and divorce.New Phenomenon of NRI Related DesertionMany non-resident Indians (NRI) come to India to marry girls who are also aspirants to migrate from India by this marriage relation. It is often seen that some NRIs marry local girls, enjoy them and return to the foreign countries with vague hopes behind that their wives would be taken after completion of official formalities. But all those hopes are never materialized. Sometimes they receive papers in India in the form of a foreign divorce decree. In Punjab, it is said that the NRI matrimonial frauds account for at least one-fifth of women-related complaints to the Punjab State Women's Commission.To check this menace the Centre should make laws that any marriage between an Indian bride and an NRI solemnized in India cannot be dissolved by any foreign court without application of the law under which they are married. There should also be a law for the cancellation of their passports where NRIs are found to be perpetrators of such frauds. Regards,Anaita Vas 

@ Anaita Vas,

Although your response is par execellance, which I agree yet did you find mention of either of the spouse to be NRI in the post / facts posted by queriest, as irrelavant explaintion given in your response?

Thanks and regards


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query