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seniorcitizen (i/c)     08 June 2013

Needed help in divorce

To all Senior Lawyers of the club:

Sir/s,

I am a senior citizen and cite my problem here under for your advice, please help me in my dilemma, I shall be ever grateful.

[1] My daughter was married in the office of the registrar in 2013, at that time I was falsely informed by the boy that he has a 2 BHK flat, where as the residence was only a chawl type two room tenement with common toilet, with two couples and an unmarried brother residing. When I raised a question I was asked to give money a 2 BHK flat stating that it was for my daughter.

[2] Thus From the day one of the marriage the demand for dowry started. Hence my daughter came to stay with me.

[3] The marriage was never consummated as my daughter never stayed at her marital home but rerurned to my home from day one.

[4] The demand for dowry continued under one pretext or another, I am not rich to satisfy their demand for dowry.

[5] My daughter is living with me, however since last about fifteen days I have been issued threats of bodily harm to me, my daughter and my family members, if I do not concede to their demand of dowry. 

[6] I want a divorce for my daughter but they do not consent to it. Please help me how do I get a divorce for my daughter.

[7] I do not want any money I just want a release for my daughter from the marriage.

I shall be grateful for the help.

Senior Citizen



Learning

 10 Replies


(Guest)

Woman asking for divorce in a court of Law, she will be granted divorce for sure.  Minimum one year should be completed for you to file divorce petition, until then you have to wait, but there is also a provision in law if you are in a hurry to get divorce, read through.

 

13B.    Divorce by mutual consent

 

 

(1)       Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)       On the  motion of both the parties made not earlier  than six months after  the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being  satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has  been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]

 

 

 

 

14        No petition for divorce to be presented within one year of marriage

(1)       Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 1[before one year has elapsed] since the  date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent, but if it appears to the court at the hearing of the  petition that the petition obtained leave to present the petition by any mis- representation or concealment of the nature of the  case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the  marriage or may dismiss the petition without prejudice to any petition which may be brought after 1[expiration of the said one year] upon the  same or substantially the same facts as those alleged in support of the petition so dismissed.

(2)       In disposing of any application under this section for leave to present a petition for divorce before the1[ expiration of one year] from the date of the marriage,  the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between   the parties before the expiration  of the 1[said one year].


You can file a divorce petition based on non-consumation of marriage, and cruetly [dowry demands] with ample proof of the latter, if they ie boy's side do not contest, you will get ex-parte dvorce, if they contest then it will run for 5-6 years.  Try convincing those people for MCD, in 6 months times you will get divorce.

Ranee....... (NA)     08 June 2013

First collect some proof of asking dowry like video/audio recording or other documentary proof.Next time when they call record their conversation.Call them to your place and discuss the matter.How much dowry they need.Keep video recording of the whole discussion without their knowledge.These will be helpful in case of divorce to prove cruelty.After completion of marriage your daughter can file divorce. .

Advocate Deepak Gupta (Lawyer)     08 June 2013

As your 1,2,4,5 content register FIR against them u/s 498A , 506 , of the IPC . As per Helping Hand suggestion wait for divorce .

Advocate Ravinder (Advocate/Attorney)     08 June 2013

File cases under sec. 498a, dowry case, DV case, maintenance both under civil law and criminal law They will come to compromise automatially. When they come to understanding, demand permanent alimony (one time settlement of money to you).  No need to worry. In case of threats from them, approach Commissioner of Police. 

1 Like

seniorcitizen (i/c)     09 June 2013

Sirs,  

I am really thankful for your suggestions, however I would like to clarify a point that the demand for dowry and threats are made by third parties and the in-laws of my daughter are careful not to involve themselves. I do not want any maintainence or monetary settlement of any kind, I just want a release for my daughter.

They shall never agree to a mutual divorce, they will definitely contest it, it is only six months since she has married, hence I can not file a divorce case. I am afraid they may file RCR, in which case what is to be done?

Please help me.

Senior Citizen


(Guest)
Originally posted by : seniorcitizen

Sirs,  

I am really thankful for your suggestions, however I would like to clarify a point that the demand for dowry and threats are made by third parties and the in-laws of my daughter are careful not to involve themselves. I do not want any maintainence or monetary settlement of any kind, I just want a release for my daughter.

They shall never agree to a mutual divorce, they will definitely contest it, it is only six months since she has married, hence I can not file a divorce case. I am afraid they may file RCR, in which case what is to be done?

Please help me.

Senior Citizen


Listening to lawyers who suggest you to file 498a, DV etc will only end up making your daughter a liability for you.  Though it will bring pressure on the boy's side ultimately they might succumb to pressure and agree for MCD, but if they dont, a healthy 10 years is gone running behind getting divorce and it will be very difficult for you to find a boy for your daughter later on, as people who file false cases against husbands, nobody would like to marry.


It takes two to tango.


If the boy's side do not want to agree for MCD, then they must be willing to lead a marital life.


6 months is too early to take a decision about divorce.


Interference from you and the boy's parents would have led to this situtation.


Getting divorce is very difficult without valid grounds.  It will be a sinful waste of time, money, energy.


You are a senior citizen, please do think about this.. Why not ask your daughter to give it a try?

 

seniorcitizen (i/c)     09 June 2013

Respected Sir/s,

I personally tried to convince my daughter to accept the marriage and try to lead a happy life, however, I think something has happened, which she does not want to divulge, which has made her apprehensive and she does not want to go to her marital home. In fact she has never gone and resided at her marital home since the day one of her marriage. I doubt she is in some mortal fear, however I have no proof and she does not want to talk about it. Please guide me, I shall always be thankful.

Senior Citizen


(Guest)

@ respected senior citizen,
with due respect , i hv some question in mind:


1] My daughter was married in the office of the registrar in 2013, at that time I was falsely informed by the boy that he has a 2 BHK flat, where as the residence was only a chawl type two room tenement with common toilet, with two couples and an unmarried brother residing. When I raised a question I was asked to give money a 2 BHK flat stating that it was for my daughter.

 it is only six months since she has married, hence I can not file a divorce case. I am afraid they may file RCR, in which case what is to be done?

Q] fail to understand what one is doing in this six month period ?

[2] Thus From the day one of the marriage the demand for dowry started. Hence my daughter came to stay with me.

Q] urgency of taking action after six months.

[3] The marriage was never consummated as my daughter never stayed at her marital home but rerurned to my home from day one.

Q] just by telling it is not proved.

4] The demand for dowry continued under one pretext or another, I am not rich to satisfy their demand for dowry.

Q] girl is with you.

[5] My daughter is living with me, however since last about fifteen days I have been issued threats of bodily harm to me, my daughter and my family members, if I do not concede to their demand of dowry. 

Q] not to worry, you must aware of that now a days law give protection to bride.

[6] I want a divorce for my daughter but they do not consent to it. Please help me how do I get a divorce for my daughter.

this is a big question. as a spl. case high court/supreme court consider it.

[7] I do not want any money I just want a release for my daughter from the marriage.

it is your choice

 

 

I am really thankful for your suggestions, however I would like to clarify a point that the demand for dowry and threats are made by third parties and the in-laws of my daughter are careful not to involve themselves. I do not want any maintainence or monetary settlement of any kind, I just want a release for my daughter.

They shall never agree to a mutual divorce, they will definitely contest it, it is only six months since she has married, hence I can not file a divorce case. I am afraid they may file RCR, in which case what is to be done?

Please help me.

 

I personally tried to convince my daughter to accept the marriage and try to lead a happy life, however, I think something has happened, which she does not want to divulge, which has made her apprehensive and she does not want to go to her marital home.

In fact she has never gone and resided at her marital home since the day one of her marriage. I doubt she is in some mortal fear, however I have no proof and she does not want to talk about it. Please guide me, I shall always be thankful.

Q] from the wedding day one, she has feared. from whom ? means she returned home from the very same night. m i right ? then why did she marry him ?

bhagwat patil (Property due diligence 9422773303)     10 June 2013

Who had mediated the marriage,gave wrong information about ownership of 2bhk flat.There are two way left with you compromise the situation or go for DV in case of DV one by mediation or legal fighting in court.Legal fight will involve lot of harassment ,money expenditure,long time which is to much valuable for you doughter.As per your narration those people are greedy I think they will compromise with some amount as there is fear of 498 to them also.Keep in mind that it is our mistake as we have not alertly searched the financial and social status of the family for that we have to pay  so that our innocent doughter won't suffer.

seniorcitizen (i/c)     10 June 2013

Sir/s,

I am really and sincerely thankful to all gentlemen who have offered valuable advice. I shall try to follow as the conditions permit. My heartfelt thanks to you all.

Senior Citizen


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