Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajeev Tiwari (Sr. Engg.)     30 March 2010

please help me, Need to get a divorce

I got married on 11th feb 2008,since then my wife is not living with me.We dont have any physical relationship.She is not with me and even she is not ready to give me divorce.please advice what should i do now?

I just want to tell that I have a stamp paper on which it is written that I dont have a physical relation with my wife,i am now free to marry some other girls and it is signed by my wife's father and one of her cousin brother.

Will it can help me in any way or its useless?

Also please advice me that how I can start this case so that I can get a divorce in less time?

Thank you in advance.

Rajeev



Learning

 6 Replies

Pragnesh Nathavat (physical therapist)     30 March 2010

hi rajiv,

as i am not a lawyer, i dnt have anything for u. but as i m just a victim like u and suffered more than u, so more experienced. So i m just advising u please keep that stamp paper with u. it will help u a lot in any legal proceeding and in any case filed by ur wife against u or even in any case filed by u against ur wife. Such papers really help when actually case runs. bcoz the judgement mainly depends upon all documents and evidence based circumstances and not on allegations. 

Suryanarayana Tangirala (Advocate)     30 March 2010

Firstly, you cannot marry as of now as you didnot get divorce decree from court of law dissolving your marriage.From your name i see ur hindu governed by Hindu Marriage Act,1955 to file a divorce case  u need to have ground(s) for seeking divorce,u have a ground of desertion as she left u r company or with drawn from ur company 2 years back, u r not clear on ground of divorce so that may or may not be a ground,i cannot suggest anything on ground of cruelty from the info given by you. also u can seek to nullify u r marriage as your marriage was not consumated. All these are filed by you aginst your wife seeking divorce.If your wife is willing for divorce both of can file for the same MUTUAL CONSENT.these are the options appraoch a lawyer and take assistance and proceed further

The stamp paper wriiten by your wife can be used as evidence in court proceedings.

Suchitra. S (Advocate)     31 March 2010

Ground for annullment of marriage are :

 

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have s*xual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a s*xually transmitted disease)

So, there seems no ground for you to annul the marriage now. If you have, then you can apply for annullment. Else you will have to file a case for divorce. Mutual divorce cases are speedier.

 

I dont think that stamp paper has any validity, as it is not written and signed by your wife.


(Guest)

The stamp paper is signed by you and not by your wife even though it is witnessed by her father.  It will not be helpful to get legal divorce.  The rest, I agree with Mr. Suryanarayana.

jyotirmaya behera (advocate)     31 March 2010

i agree with suchitra but after divorce u should give some compensation to your wife. if u want divorce then you cmost show aboves one point due to that you need divorce.

Rajeev Tiwari (Sr. Engg.)     01 April 2010

Dear All,

Thank you each and every body for replying me.I understand that the stamp paper which I have is not a divorce for me but i just want to know that will it can help me anywhere during legal proceedings.

Please explain me what is section 13 0f hindu marriage act.

Thanks in advance.

Rajeev


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