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Chetan Singh (SE)     14 June 2010

My wife is not ready for divorce.

1.My wife is not going to give me divorce at any cost she is threating me she will go to mahila aayog .she is making my life like a hell, she has also put myself in media in sansani she has already made FIR for 498a, 3/4, 494.

2.Can I disprove my marrige since there was no witness at the time of my marrige all the name written in certificate is ours friend name but  noone was there at the time of my marrige. and my marriage has completed only 3 months and we are leaving seprately.

Please suggest how i can divorce from her she is not ready to take money and she is not ready to leave me so how can i take divorce from her quickly.



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 6 Replies

Daksh (Student)     14 June 2010

Dear Ansh,

You cannot stop your wife from initiating any particular proceeding but before she does any thing you better prepare you should get proactive to protect your lawful interest.

Best Regards

Daksh

Chetan Singh (SE)     14 June 2010

Actually we have done marriage from Arya samaj in january2010,but there was no witnees at that time ,no photographes,no registration and the witness name written in the certificate are her friend names. Behalf of that can I deny that I have done marriage , I want to say that she had made that certificate through compter scaning and she can make my signature by herself because my signature is very simple.

Would it be helpful or is there any other way to take divorce because I have come out throgh bail and 498a,3/4 case is still with me which is false.


(Guest)

1. For Arya Samaj marriage it is not done as two kids marriage the Arya Samaj does a through marriage as per Arya Samaj way . Whom you are bluffing here...
1a. It is requirement of Arya Samaj Marriage that  a Registration Form is filled by prospective bridegrooms as well as signatures are affixed on that form and certificates of Age Proof which are attested by a Authorised Gazetted Officer goes into the enclosures of that Marriage Form. You have done all that otherwise no Arya Samaj Mandir would have conducted a marriage for your two !
1b. Even if she had her side of friends and you had none as witness the mute point here is that the marriage was performed as per Arya Samaj and has a log entry of that day at the Arya Samaj Mandir of yoru marriage so you can't bluf now that there was no marriage between you two.
1c. Just after marriage the Pundit signs the Arya Samaj Marriage Registration Certificate and both bride / groom also sign that Certificate along with writnesses. Now you can't say that it is not your signature even if no photos were taken. The certificate is given immediately to parties and counterfile is retained by that Arya Samaj Mandir so now you can't say that there is no certificate also.
It seems you are not interested in continuing the marriage and wearing coloured glasses you jumped the wagon. Only recourse now you have is to continue the relationship and or collect evidences of your innocence if she ever files some cases.

Chetan Singh (SE)     14 June 2010

Thank s for the reply D.Arun , But could you please suggest how can i get divorce from her since she is not ready to leave me at any cost and we are leaving seprately .Can she maintain any claim to me lawfullly if I am not ready to live with her. This is because she has filed 498a ,3/4 against me but charge sheet is not preapred yet .

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     30 June 2010

Dear Author,

I want to talk to u in person. U can call me at 9871158578


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