I was been abused physically and now filed for divorce


 

Hi,

I recently got married in Nov,2011 and it was an arranged marriage through matrimony.Till the date of marriage the boys side were too good.They used to call me each day and used to call me just like their daughter.

Very cleverly they hide boys qualification , their financial status and their son's marriage was already broken before i got married to that guy (boys marriage was broken a week before his marriage has to happen).Even we did not verified much about them and beleived on their face value.

We are a strong financially and conducted a big fat wedding at 5 star even made all arrangements for them and their relatives to stay.After marriage all of a sudden their behaviour got changed.Parents were cribbing upon marriage arrangements , son was cribbing on stuff given to them etc etc.

Then physical abuse started and in one months i was abused physically 6 times and my husband's parents supports them equally and immature to give us solution in our married life.As being parents i feel its there duty to make their son realise what is right and wrong.Even they interfere a lot in there son's financial matters and matters related to home i.e in our day to day life.

After knowing all this my parents brought me to home after 2 months of marriage now we have filed an FIR against them.We have spend money like hell on marriage now my parents are retired and i was working before marriage but due to marriage i left my job in order to change my location after marriage.So at present not working.

I know that i can file for maintenence but what are the chances to get one time alimony from them.As it is it is diificult to sit without job and waste time thinking about past.I want the damage to be claimed and get one time rid from them.And how much time divorce takes usually.

They did not retured the assets we gave to them even.A genune advice is needed.Please throw some light on this.

 
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practicing advocate

Directly you cannot ask for permanent alimony.  File maintenance petition u/s 125 of Cr.P.C. in this case you can settle it for the one time settlement.

 
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whatever steps you have taken is correct. File a petition for alimony according to your status and standard. For one time settlement also it is possible after filing your petition you can try for it. Regarding divorce petition please consult your advocate. There is no chance to cliam damage, but you can file a complaint for cheating also. Whatever assets taken by them,if it is in the form of document then you can claim them also. Totally your mental stability is appreciable.

 

basavaraj shiromani Advocate

basavarajshiromani5@gmail.com 

 
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Lawyer

You should appoint an advocate from your side in FIR matter and have to file an application in court to get back your stridhan (the articals which were given to you in your marrige) for divorce it will take time court will not consider it before one year of your marriage, you should file 125 Cr.P.C application for maintenance, one time alomony normally given in divorce cases at the time of divorce.

 
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clerk

Whatever ur advocate says about 498a etc. Don't file that case. You will also become a liar.

Marriages can fail and people mayn't be compatible. See, if u can file for annulment and move on in life instead of calculating profit and loss and being bitter about people.

 

 
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We have all the facts and bills with us.And this is not something i want but i deserve.To punish such people is important.They have spoiled the life of 2 girls already.And no girl comes to the conclusion of divorce in 2 months unless something big and wring is done.

 
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is annulment possible in India please provide some details on this

 
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Worker

 

http://punjabrevenue.nic.in/hmrgact(1).htm

 

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

(b)       that the  marriage is in contravention of the condition specified in clause (ii) of section 5;or

(b)               that the consent of the petitioner, or where the consent of he guardian in  marriage of the petitioner 2[was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force 3[or by fraud as to the nature of the ceremony or as to any material fact or  circumstance concerning the respondent ] ;or

(d)       that the respondent was at the time of the marriage pregnant by  some person other than the petitioner.

(2)       Notwithstanding anything contained in sub section(1), no petition  annulling a marriage-

(a)       on the ground specified in clause (c) of sub section(1), shall be entertained if -

(i)        the petition is presented more than one year after the force had ceased to operate or, as the case may be, the  fraud had been discovered ;or

(ii)       the petitioner has, with his or her full consent, lived with the other party to the  marriage as husband or wife after the  force had ceased to operate or, as the case may be the fraud had been discovered.

(b)       on the  ground special in clause (d) of sub-section (1) shall be entertained unless the  court is satisfied-

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

(ii)               that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriage solemnized after such commencement within one year from the date of the marriage; and

(iii)             that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  4[the said ground]

 

COMMENTS

Where the petition for annulment of marriage is filed after 8 years of marriage, such a petition would be barred by time-Sarlabai V.Komal Singh AIR 1991 MP 358.Selectin of bride with total knowledge as regards her defects would  serve as estoppel from arguing that marriage was tainted with fraud.-Ruby Roy v. Sudarsan Roy 1988 Cal.210.

Where mental disorder of the wife was the ground for obtaining divorce, there cannot be a challenge to the grant of alimony on the ground that mental disorder was in existence prior to the marriage and therefore the marriage was  voidable under s. 12(1)(b) -Mukesh Mathur V.Veena Mathur AIR 1989 Raj 97.

Where the annulment is sought on the ground of fraud, details which  the professional match makers supply bear no relevancy as the parties are at liberty to verify the facts.-Deepayan Chatterjee V.Papiya Chatterjee 1990 (1)HLR 113

 
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