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dec17 (student)     30 November 2010

under which sec we can file compensation for false divorce

I GOT MARRIED TO NRI HE LEFT AWAY AFTER MARRAIGE WITH IN 22 DAYS PROMISING HE WILL SEND VISA PAPERS BUT LATER THERE IS NO COMMUNICATION CLEVERLY HE FILED DIVORCE THOUGH HE KNOW WELL ABOUT ME BY SENDING NOTICES TO MY PARENTS VACATE HOUSE AND OBTAINED EXPARTEE DIVORCE BY SEVERAL FALSE ALLEGATIONS ON ME THAT MARRAIGE WAS CONSUMATED AND LATER DIVORCE WAS SET ASIDE AND CAN I CLAIM COMPENSATION ON HIM AND ON WHICH SEC IS APPLICABE FOR COMPENSATION



Learning

 8 Replies

dec17 (student)     30 November 2010

SORRY TYPEING MISTAKE MARRAIGE WAS NOT CONSUMATED

Jamai Of Law (propra)     30 November 2010

Ex-parte Annulment deree!!!! This was one those combinations which are yet not evolved....This a a matter which is worth reaching upto HC/SC.....

 

Take help of NGOs also.

 

What do you want to appeal against...ex-parte decree........................or annulment decree?

 

Roshni B.. (For justice and dignity)     30 November 2010

Prabhakar jee,

 

will DV Act apply here,since marriage is not consummated?

1 Like

Jamai Of Law (propra)     30 November 2010

Prabhakar ji correct.

 

There was mistake by me.... while reading.....

 

December17 ji,

Are you saying that................................

A::   your husband filed a false case of annulment alleging that marriage was nevner consumated................ in first 22 days of cohabitation after marriage...

B:::   and laterwards he also managed to obtain an ex-parte annulment decree...decieving you and your family.

C:::   But You got it set-aside laterwards................and your marriage status is now restored...

D:::  now probably you are contemplating to ask for damages (or atleast recovery of money spent in wedding etc etc etc ) for all this harrassment u went through by your husband (for the namesake) and his relative who are all sitting abroad at the moment ..............leaving you behind in India..................

 

 

Prabhakar ji is correct ....You have a strong case of atrocious behavior by husband....but to carry out the whole process ...right from serving the notice to him abroad..............etc.............. It's all a big task.....

 

Contact NGP also for help and legal guidance. Don't let it get supressed.

incidence...Unfortunately ..................there are many such cases in India ...now a days.....that people are trying to seek the justice ........

 

shamataneja (Advocate)     03 December 2010

Dec17,

                      Can i say you something. I think u r a student instead of running behind your husband who is not bothered for you. what care will he take even if u get along with him. according to me, u r of tender age do not fall into litigation by claiming compensation . Although there r several laws made for women where u can justice and maintenance.but all these will need very very long procedures. You will need to engage an advocate who can fight for u in court of law and teach him a lesson. As you say ur marraige is not consumated. therefore no such major problems shall arise such as child custody. Look for better and bright future All the Best

Renuka Gupta ( Gender Researcher )     03 December 2010

She lived in a domestic relationship with her husband, so I think DV act would be applicable in this case. I would rather encourage Dec 17 to take action and not to take this injustice in her life lying low. We all learn to do multi tasking, and one learns how to cope with the matters related to litigation and adjust our timing without damaging our emotional and intellectual health What she needs is an advocate of high integrity and her own determination to fight this injustice which has happened in her life..

Arup (UNEMPLOYED)     03 December 2010

is dv act applicable here.

non consumation of marriage is ground for divorce.

claim of maintenance and prayer for rcr justified.


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