Upgrad LLM

need divorce


hi experts, I m a muslim girl n i went fr a court marriage (whrin i ws cnvrtd to hinduism widout my knwlege...yes i didnt read d pprs b4 signing...i hd jst turned 19yrs tht tym) to a hindu guy and also a hindu mrg ceremony in arya samaj mandir in 2006 without teling my parents and hav not lived even fr a day with my husband as it ws a secret marriage we had plans to live 2gthr aftr cmpletion of my studies. But on the very day i got married he dint keep his promise n told ev1 in and around my house and withing a few days started forcing me to live with him n leave my studies. And cmpletely changed colors n i lost trust in him. He started pelting stones to break my house windows at midnight sevrl times n get drunk and shout outside my house with the intention of creating a scene. And this was sth i had nevr imagined him to be like. He turned out to be a drunkard, jobless, abusive, violent, liar, argumentative and absolutely incompatible prsn fr anyone. Has every single document with him..nthng wid me. Finally this relationship cudnt work bec f enormous incompatibilities b/w us...n i also can not trust him at all now. I agn n agn gave him enuf tym to improve himself in wich he only deteriorated.

After all efforts and then enuf request fr Mutual Divorce i hav now filed a case fr nullification f marriage (as adviced by smbdy) bec i wsnt aware f my cnvrsion at d tym f my mrg...n later it ws a shock fr me. Filed this on the basis that religion cant b cnvrtd on pprs...n widout d knwlege f prsn being cnvrted. Is that approach okay? On the last hearing judge herself advice me to opt fr divorce than nullification.

Moreover hav also askd fr Divorce as the alternate relief. Fr which m not geting any solid grounds as per HMA. It makes me feel so helpless !

I have been advised by an advocate to file fr Maintainence rite now wich irrespective of wthr he gives me or not will entitle me for a divorce after a period of 1 year...is that true ??

I have been emotionally tortured for like 6 good years now...constantly...every second, hav slept with d fear f listening to a big bang f a window breaking any minute wen he wishes, and constant threats of being harmed and of telling evthng to my relatives so that i give in, n threat to myslf while i step out, infact he made it so dificult fr us 2 liv thr tht we had 2 shift to anthr plc. Infact a month back he wrote on 1 f my relatives facebook wall that i be sent 2 liv wid him to defame them, harrased sm of my relatives too, n stalks me al the tym whrever i go. I have cmpletely forgotten how is it like to live n step out freely without fearing any1. 1 or 2 tyms i hd to seek extrnal help frm psycologists too wen it got extremely stresful. I feel it is far more torturous than any form of physical cruelty. Not just me, my parents also have faced so much mental cruelty frm him. Why is not a ground sufficient enuf for divorce? What is the wait for ? that he duz a damage to me or my family tht is irreparable like n acid attacks,etc ??

Plz help. Kindly asist sm posbl grounds in my case.

Will filing maintainence aplication now be helpful fr geting a divorce aftr an year as per sec-125 HMA?

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Hina,

You could argue for nullity (Section 5 r/w 11) saying that you were not HIndu at the time of marriage hence could not have been married as per Hindu Rites and Ceremonies. Delhi High Court in a recent decision held that when conversion is done not due to a consceintous call (or a motivation towards some particular faith) but with a view to marry, such conversion being colourable is not valid. 

If the guy is ready to go in for a mutual divorce, there would be nothing to prove, and would make the process a lot easier and less traumatic. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia


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what Bharat says is right. Regarding filing of maintanenace petition, it is shock to hear to being the advice of an advocate.Because,if you file such a petition means it is the acceptance of your marriage.Go ahead with a prayer of nullity of marriage


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owner

If the marraige is regitered and from the date of knowledge of the marraige it should be done within a year  from the date of marraige than only nullity of marriage  and if you have filed the case after one yera in that event it will be bared by law of limitation and even if you have registered the marraige but see which certifiacte is issued wherether it in special marraige act or hindu marrige act  and if it is beyond one year it is advisable to go for divorce due to non consumation of marrige under the Hindu marraige act as lot of time have already been passed . it is better to consider the same and decide.


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