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Dev (IT Professional)     21 March 2012

Time period required to file a petition for divorce

Dear All,

 

Our marriage was solemnized at Arya Samaj, Bangalore, Karnataka in October, 2011. The girl then went back to Chennai wherein she lives with her family. She was not yet ready to let her parents know about our wedding. She took the original certificate of marriage that was issued by the said institute i.e. Arya Samaj. We took that step because her father was against our marriage. She is now on her father's side and wants separation. It is notable we did not stay together after the marriage. Her father keeps threatenening me of dire consequences and also wrote me father that he would file a case at High Court, Chennai against me and my father as well. My father was not involved in this matter as my family is in North India. It is one of his various ways of harassing me. He contacted me and said he wanted me to go to Chennai and sign an affadavit that would mean that we were seperating on mutual understanding and thereby were dissolving our marriage.

I did not find it appropriate hence I refused to do that. He got angry and wrote to my HR Manager to take a disciplinary action against me. The comapny would have nothing to do wth my personal matters hence the HR simply refused to give him my personal information that he was demanding and then informed me of the incident.  

As the case stands, I am having the photos, and videos of our wedding. One photo was taken at the time of signing the certificate along with the witnesses and the Arya Samaj purohit and the manager as well. So, they all are captured in the photo. I am not having any copy of the marriage certificate they issued because she had taken it with her as she wanted to use it in case her father forced her to marry the guy again because of whom she had come to Banaglore with me to get married here. I have contacted the Arya Samaj manager to give me a Xerox copy of the marriage certificate as they had it in two original copies - one for us and the other for their records.

The girl has told me that her father's lawyer is up to get our wedding annulled. I do not understand if it is a legal way because our wedding was not unethiclly solemnized. We both are Hindu Brahmins but come of different sub-castes and it was okay with her family because her father only had come to Delhi to meet me as he knew me from a matrimony website and after meeting me he said he was not willing to take the matter further. It was okay with me but the girl has contacted me and I was under her emotional pressure and also thought she loved me so I should marry her.

That is the story in as short as I could make it to let you get an exact and fair idea of our marriage and its background. I am not worried about her father's threatening me or what his lawyer is up to because I understand that I have not committed any crime nor did I force the girl to marry me. She came at her will to marry me and also that it was her father only who introduced me to her through my matrimony profile on the Internet.

I am getting different opinions from adovates here in Bangalore, Karnataka. Some say that we can get divorced in  few days and they would take care of the matters/proceedings involved. We would need to appear only one. Some say we need to wait for 1 year to complete because we got married only 5 months ago. Some say Marriage Annulment is not a fast way in our case as the wedding stands valid and so we need to file a petition for divorce.

The girl's father wants me to sign an affadavit to mean "Mutual Sepration or Dissolution of our Wedding". I am opposed to it. She has told me that her father's heradvocate says the Arya Samaj certificate is not valid- an order has been issued by the Supreme Court recently. I never heard of such an order and did not find any clue on that on the Internet. Besdies, the marrige was solemnized in Octoer, 2011 so the certificate and the wedding should still remain valid. The girl is ready and wats a mutual divorce from me because of her family or father or whatever reasons she might have.

So, please, tell me, after marriage how many days or months or years a couple has to wait for before file a pettition for divorce? I want to get divorced as soon as possible becaus her father said he would file a dowry case against me because I had refused to sign the affadavit.

 

Any sincere and provident help with this regard shall be highly appreciated. If I need to consult any Family Court to assertain the exact period after which a divorce can be sougth then please do let me know because my problem and trouble has been augmented by different opnions from local advocates. It was unbelievable that one advocate said we could be free from each other in next 3 to 4 days. How could our legal system be that much fast? I wonder.

 

Thanks for your time and patience to understand my case and for going through the entire story that is more of sadness and heartaches than it could be expressed in words!



Learning

 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Divorce can normally be sought only after 1 year of marriage.

 

However if there is exceptional hardships, then  within one year also the divorce petition can be filed. Accepting the same or not is in the hands of the judge.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Dev (IT Professional)     22 March 2012

Thanks, Mr. Kapoor!

 

Could you please throw some light on the fact that her father's lawyer is up to get the marriage annulled. So, would it be practical and possible for them to achieve this? Besides, upon my refusing to sign the affadaviti her father said that he would also drag me into dowry case. Could it be done against me even though the girl never lived with me. She herself told me she would not do that to me. But her father is the wrong doer and can't be trusted upon hence I can't trust her words any more. What should I do in the mean while to protect myself from such deceit and betreyal?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

Decide what you want?

 

If you also don't want to stay with her and there are no demands, then get over the marriage.

 

However, if demands would hurt you in future, better fight dowry case.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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