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kumaravel (md)     27 June 2011

Need help on divorce

hi friends am in this forum in a difficult situation and would like the help and support for my cause, i am from mumbai and am in love with a women . she is a muslim who got married to a hindu guy through Aarya samaj, the life was nice and they had a boy together, after three years of married life she came to know that the guy cheated her. the guy who married her was already having a family and living with them. he was married even before he married her. she left that guy and living seperately with her parents for the last five years. he never contacted her or she knew anything about him ,she even dont know if he is alive or not. we are in relation for the last one year and now planning to marry. we want to get a legal divorce as we dont want our son to face any problems after our marriage. now i want the advice in how to get a from a guy who left her five years ago. how to apply for a divorce ? on what allegations do we get divorce? is there any way to get the divorce if we cannot find the guy who cheated her. we dont know any address or any means to contact him. can he challenge the divorce?. please friends we need to live a peaceful life and dont want our son to face any problems in court. is there any way to get legal divorce without making rounds to the family court. please suggest us a way to get divorce and on what grounds, we want the procedure to finish soon as we want to start a new life together. please give us advice on how to proceed ,.....thanks in advance



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 9 Replies

Self service (None)     27 June 2011

Dessertion basis - Woman can file divorce on basis of desertion. Also be ready to show proof of period. It should be minimum 2 years.  OR

wait 2 more years and she can marry based on person missing from last 7 years.

Also just friendly advice - find out what the lady is saying is true i.e proof of her husband dersertion. wether she tried to search him? if yes then what way - police complaints or paper notice etc. becuase definelty any one going to ask what she was doing from last 5 years?

Self service (None)     27 June 2011

Originally posted by :Self service
"


Desertion basis - Woman can file divorce on basis of desertion. Also be ready to show proof of period. It should be minimum 2 years.  OR

wait 2 more years and she can marry based on person missing from last 7 years.

Also just friendly advice - find out what the lady is saying is true i.e proof of her husband dersertion. wether she tried to search him? if yes then what way - police complaints or paper notice etc. becuase definelty any one going to ask what she was doing from last 5 years?

If husband was already married and hindu then this marriage is not valid and she can take nullifcation based on cheating.

"

Saurabh..V (Law Consultant)     28 June 2011

@Kumar

 

Desertion might not be the acceptabel plea as you wife herself moved out of home after discovering about her cheater husband's first marriage.

 

Here it is very simple case, that her marriage is null-and-void ab initio. The boy who is a Hindu got married to another girl, besides an existing marriage. So your girl-friend is not married to that person in the eyes of law.

 

All you need to do is just appraoch a competent court and state the facts. The girl must have the marriage certificate from Arya Samaj Madir issued to her. On the basis of this certificate and also on the basis of your allegations, you can obtain a decree of nullity. This marriage is VOID ab initio (from the very inception).

 

//peace

/Saurabh..V

1 Like

kumaravel (md)     28 June 2011

thanks for your kind advice and guidence, as my friend asked to check weather she is cheating or telling a lie i am sure she is not. we been in relation for a year now and she left the man for his crime of cheating. she never wanted another man in her life till we decided to settle down. we never searched her ex husband as we never wanted to fac e him or wanted him to see the child. she never searched the man and willfully was living living alone. now as we want to marry we need to get divorce as its registered with arya samaj. we also need to change the surname of the child . you people have advised to establish that she was living alone, can you advice me how to do that. and if we cannot locate him then how to get divorce in the court of law. we have the marriage certificate but no address of him now. please guide me the procedures to initiate the divorce process. we dont want to walk into that guy in any walk of life even in the court. please help me .

kumaravel (md)     28 June 2011

thanks saurabh.v for your advice, i have a clarification ... i know as per advice that adultery is a ground for divorce but how to establish it . we have to proove that with proof of his prior marriage in court na....i dont want to see the face of that man and really we dont know where he is now. he really had hidden all his things with purpose of cheating her . she was givien all false things and when she broke off everything was found that he was a fraud.she married against the family as the boy was a hindu so the family also didnt support her at that time. now she is residing with her mother and they dont want that bad memories to hurt her future and the kids futue. they moved to mumbai so please help me with this. can we approach a lawyer with the facts and she has the marriage certificate and the doccuments of marriage but she has no proof of the guy been married earlier, how can we get that . and she is living alone and not recieved any communication from him. she asked for a divorce when she broke off but the guy never was willing to give her that.

Saurabh..V (Law Consultant)     28 June 2011

@kumar

 

Do as I advised. Appoint a lawyer and if the court seeks proofs for marriage of that man, then you can state the fact that only upon discovering about his first marriage the girl left him. The court might require police to investigate into your allegation about his marriage.

 

To prevent abuse of process of law, the guy would be required to come to the court and also a proof will be required that he was earlier married. Bigamy and all you should not be worried about. You don't file any complaint in this regard. Just let the court know that being a girl, you do not wish to indulge in any litigation else than the court's decree on nullity. If the court wish to slap a charge of bigamy on this guy then let it do so.

 

As this marriage was no marriage in the eyes of law, you may even directly marry this girl also as she is unmarried. But to be on the safer side, you should first appraoch the court to formally and legally declare her marriage as void.

 

//peace

/Saurabh..V

kumaravel (md)     28 June 2011

thanks pal....thanks for ur advice ... we will find a good advocate and do the needful....thanks again

rupesh (Engg)     28 June 2011

After marriage my wife stay in my home 4day only and go to her house for 1month stay after I go her house, she come back but again go after 7day for here house, in between come and go she is continue touch with her family I mean to say by SMS and mobile, she told every talk who I told to her send info to her family by mobile. So she stay only  20 day with me in 4month.And finaly not coming now period past 1year and 1month, I already go to police pariwar paramarce Kendra they told me go to court and file secton 9 I filed it but my hart not control I am in love. They cant understand or understand but not say to me, you can come here and get your wife, wife also study and not feel my problem now what I do.my family go to their house but not come with my family. I told we can try rent house for you and me only. when her house mother and father abused me. wife want divorced or not I don’t know ,When I go to my wife house she told if you want divorced i will give you sign any paper. But not come in section 9 in family court, now she is doing bank exam preparation and coaching daily but neglected court every Sunday going to bank exam and interview she is selected in 3 bank exam but. Now she not want to come in court why? I don’t know.

rupesh (Engg)     21 February 2012

sir i need ur help in my case, case is RCR finiced but no notice give by my lawey my lawyer told me ur wife want divorce by 13b, i told okay i know but why she not told infront of court. my lowyer meet with my wife and get my sign on mutual divorce 13B, but till two month past now not get any case no. what i do ? i want relif from this matter i want she come or away from me! what i do my lawyer going on game with my & my family life. friend help me send pm.


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