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Sachin RAM (Family)     16 March 2013

Need help for get out from registered marriage

Hello Experts,

I need help for my cousin for following major issue, my cousin got registered married in FEB-2010 with her GF without knowledge our Family member this marriage was hide yet. they never live together as a huband & wife, Now he don't want to continue relation with her thats why he contacted her for mutual divorce but she is not agree for that & putting pressure and torturing him for bring her  but she never tried this in last 3 years, Now we want to get out from this marriage,  Please give me suitable suggestion about laws how should we go under which law should be apply, we contacted local adv. but all is suggesting for differentt different fact,

1:- desertion

2:- Annulaed for non consumtion

3:- cruilty

we are not familier with all types of law Please help us how we should go for get out from registered marriage



Learning

 6 Replies

Manish Udar (www.Mehnat.IN)     16 March 2013

Why did they not live together? Who abandoned the other spouse?

WWW.MEHNAT.IN

Ranee....... (NA)     16 March 2013

noncosumation within one year of marriage.

Sachin RAM (Family)     16 March 2013

 

Thanks for your suggestion,

They put only register marriage in court due to Blind Love the decision was taken too hastily by him without knowledge parents, she never lived in matrimony home, Now my cousin and all family members want to get out from this marriage, at that time there was no wedding ceremony or any traditional wedding activity, Now more than 3 years completed for register marriage  but  she is not living with him from beginning,  after 1 year from registeration date days my cousin realized he was wrong because and Was decided too hastily due to her behavior & her family member activity.

@Ranee,

I am unable to understand on your comment, can you please explian in more details

Regards

RAM

Goutam Prasad (Advocate)     17 March 2013

As far as grounds are concerned all the three grounds are correct. It will be better to have detailed discussion with your advocate and let him take final decision as he can well understand as to the ground which would take lessor time based on your specific case.

 

Goutam Prasad

Advocate

 

Mob: 9810753838

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 March 2013

Dear ram

first of all,  the marriage is registred under Hindu marriage act or under Special Marriage act?

If the marriage is registered under hindu marriage act then filed a divorce petition before court based on  Cruelty and desertion u/s 13 of Hindu marriage act.

if the marraige has been registered under special marriage act then file a petition before the court u/s 25 of SMA

25. Voidable marriages.- Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-

(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage ;or

(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):

Provided that in the case specified in Cl.(ii) the Court shall not grant a decree unless it is satisfied-

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(b) that proceedings were instituted within a year from the date of the marriage; and

(c) the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of existence of the grounds a decree : 

Provided further that in the case specified in Cl.(iii), the Court shall not grant a decree if,-

(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or

(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or as the case may be, the fraud had been discovered.

FEEL FREE TO CALL

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

Sachin RAM (Family)     18 March 2013

Thanks to all experts for suggest me,

This Marriage registered under Special Marriage act, Please tell me Now 3 years has been passed for registered marriage but marriage not consumed yet because they didn't Live together yet so shall we file a petition in the court u/s 25 of SMA. on the other hand she is saying to bring me from her parents home. she never tried in last 3 years,  I have doubt about 498 can she file it aginst my cousing & family ?

 

RAM


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