KRISHNAMOORTHY (n/a) 07 December 2007

plz help me out!!

im a hindu woman married in my community with parental pressure despite my parents knowing that i love a muslim man.its been three years and i have given everything to run this marriage but of no use.iv always been devoted to my husband and never contacted my past.my husband has always been careless towards me.there is no communication between us during the day.we speak almost for about 15 minutes a day and its just fighting.in the night its just having sex and going to sleep.iv tried to explain him many times that i need more than this but he is unable to understand. there is no sign of love,care and understanding except sex.but i need more than that and he cant understand it.im sick of this marriage.my parents dont support me knowing my past.i come from a very respectable family where seeking a divorce is a crime.i dont know how this will be reacted but i cant tolerate this whole of my life.i also know that my husband woudnt be giving divorce to me. i have a year old daughter.please can you show me the way to a succesful divorce?

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4 Replies

Prakash Yedhula (Lawyer) 08 December 2007

[font=""Trebuchet MS""]Read this below to come to an understanding. Since your husband would not agree for mutual consent, dicorce can be sought only under the folowing grounds.

Section 13 - Divorce :-[/font]
[list=1]
[*][font=""Trebuchet MS""]Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party [/font][/*][list=1]
[*][font=""Trebuchet MS""]has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or [/font][/*][*][font=""Trebuchet MS""]has, after the solemnization of the marriage, treated the petitioner with cruelty; or [/font][/*][*][font=""Trebuchet MS""]has deserted the petitioner for a continues period of not less than two years immediately preceding the presentation of the petition; or the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. [/font][/*][/list][*][font=""Trebuchet MS""]A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground; [/font][/*][list=1]
[*][font=""Trebuchet MS""]in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner; [/font][/*][/list][/list] [font=""Trebuchet MS""]Provided that in either case the other wife is alive at the time of the presentation of the petition; or[/font]
[list=1][list=1]
[*][font=""Trebuchet MS""]that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or [/font][/*][*][font=""Trebuchet MS""]that in a suit under section 18 of the Hindu Adoption sand Maintenance Act, 1956(78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure , 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; [/font][/*][*][font=""Trebuchet MS""]that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age of eighteen years. [/font][/*][/list][/list] [font=""Trebuchet MS""]Explanation:- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) act, 1976 (68 of 1976).[/font]

SAAIBABU (n/a) 19 December 2007

i think u should file a petition for divorce as has already been advised.when ur husband appears in d court, d court will try for reconcilation n i think by d intervention of d court n some respectable confidetnial persons ur problem can b resolved.as d first priorty of d court is the welfare of d parties. ie. reconcialiation

but u have not mentioned any thing about ur children n duration of ur marriage

swtpusy (n/a) 06 February 2008

[color=aqua]helo madam,[/color]

[color=#00ffff]I read ur mail and very much felt sorry for u.Most of the men are like this only.They dnt care or think about other feelings and desires,simply they care for their wished only and they are nothing but selfish rotters.[/color]

[color=#00ffff]Dnt worry for any thing,u have a daughter and u must look after her well.Live for her and do the best for her.Iam at ur door step to assist to at any time.Pls be free to mail me at [url=mailto:pusy_swt@yahoo.co.in]pusy_swt@yahoo.co.in[/url].[/color]

[color=#00ffff]Take care,bye.[/color]

[color=#00ffff][/color]

[color=#00ffff][/color]

Kshiteej Anokar (Advocate) 17 May 2009

Divorce ! can you achive everything ? no your life and circumstances are challenge to you. Dont get upset, you must think about your daughter her future. Dont afraid ! and please dont think about Divorce, Let me know what can be achived by Divorce? Is it a complete solution.