LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ammie (Marketing Manager)     28 August 2014

Urgent : advise required - divorce case

Hello Everyone,

 

This question is for my close friend. She was forcefully(emotional blackmailed) got married by her parents. She requested that she doesn't want to marry this particular guy, she even was she ok with getting married to anyone else however her parents did not listen to her. The guy family was rich hence her parents got her married. The guy is thiner than my friend, He can't talk properly,he stammers while he talks, moreover the family is very orthodox. The marriage took place in june 2014. From day two she was mentally and physically tortured. She went into a state of shock. Had lost contact with all her friends even me, because her in-laws didn't allow her to talk with friends or stay in touch with anyone. She use to keep her phone in cupboard. The personal life was always discussed with the mother-in-law by her husband. She was asked & forced to do stuffs by her husband, which use to make her cry in pain and embrassement. She was taunted and insulted with everything she did by her mother-in-law. As things started worsening she ran away few day back. Her parents understood their mistake and were ready to support her, hence she has gone back to her fathers place. Now she wishes to take divorce asap. kindly guide me how much minimum time it would take to get divorce in such cases. Her parents have said her she can get it within 2 months but i highly doubt it kindly advise as she doesn't believe much in her parents. What should i guide her to do?



Learning

 11 Replies

NUT (Programmer)     28 August 2014

Aleast you are clear that your friend needs Divorce ....Counselling is required for both parties ..

Arrange marriage understanding between couples is a bit slow ... No one in earth has capacity to explain this mother-in-law ans Daughter-in-law wierd hostility ...

As a mother and father , they have unlimited care and access to their son till they die ...You can not question that... What is personal life with a family ?...ask your friend to adjust,things will fall in place slowly.

 

 

Tajobsindia (Senior Partner )     28 August 2014

1. What are religion of parties in this marriage?

1 Like

Ammie (Marketing Manager)     28 August 2014

@Tajobsindia

They both are hindu, hence i guess Hindu Marriage Act 1955 is applicable.

Tajobsindia (Senior Partner )     28 August 2014

1.Such marriages are voidable as per Hindu Personal Laws.

2. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided.

3. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered.

4. Most important of all, the petitioner party should not have lived willingly with the other after the end of the force or after discovering the fraud.

5. In her situation, social pressure applied judiciously might work better on her parents as opposed to legal interventions. A young woman being forced to marry against her will by her parents should first try to identify and approach influential people within her own community or extended family who have the moral clout to influence her parent's decision. She may be directed to approach a local Advocate found via reference.

6. No marriage can be dissolved legally in 2 months time as claimed by her parents.

1 Like

Ammie (Marketing Manager)     28 August 2014

@NUT

Thanks for the advise however, her life had become hell there hence would never ask her to go back, where she isn't respected, mentally & physically tortured every time. Marriage is suppose to be sacred, and i guess no person can or should adjust in such adverse situations..... I agree there should be adjustment in arrange marriages but i defer from you when there is disrespect,torture,insults & physical abuse are involved .When a girl leaves her entire family for the guy, she leaves behind the comfort of her family the surrounding and tries to adjust in a new environment, in such situations inlaws and husband should respect this fact and give her time to adjust and not show cruelty and torture her from the starting.......

Ammie (Marketing Manager)     28 August 2014

@Tajobsindia

Thanks a lot for taking out time to reply, it really means a lot....

 

She is in state of shock & trauma. Now her father is being supportive and agreeing for getting her divorced. What is the time frame to get divorced? Should she apply for mutual divorce divorce if the in-laws agree or opt for consent divorce?

 

Tajobsindia (Senior Partner )     28 August 2014

1. It is solace to know the lady is being provided mind, body and soul nourishment by her father in her projected conditions. 

2. MCD is a option when both parties are agreeing to part company but can be used only when 1 year completes in their marriage OR based on certain State HC's progressive judgment if both are too young and cohabitation is ceased showing the hardship the couples facing 1 year bar can be removal can be request before the Bench. As per Law minimum 6 months to maximum 18 months Divorce via MCD can be aimed at.

3. Contested divorce is also possible provided a seasoned petition writer skills in factual drafting read with seasoned Advocate pleadings are provided to the lady. Contested divorce timeline is subjective based on lady's appearance r/w her advocates appearance r/w Court in attendance in particular cause date r/w court workload r/w opposite party making appearance r/w his Advocate appearance  r/w Court holidays r/w someone dying in either side so adjournment sought r/w revisions r/w appeals r/w limit is Hon'ble SC and all these are partial layout to draw up a visual how far 'contest' takes parties to. In short anywhere between 3-5 years.

4. Make an informed decision if you have personal knowledge not believing in rumors about lady’s real matrimonial issues least a might be better marriage scenario gets to see light of divorce due to advisory circles intervention based on seeing only glycerin, sari and sindoor instead of real facts. . Ideal would be to do consultation - frank discussions with both sides elders to amicably part with no giving/taking citing lady has advantage of using criminal laws if need arise as is often advised by advisory circle's legal brains to put pressure on boy. 


[Last reply]

1 Like

Jimmy (Manager)     29 August 2014

You need this advise for you and not for your friend. Right?

Ammie (Marketing Manager)     29 August 2014

@Jimmy For my very close friend..... not me.... i am not yet married.

498 A fighter (Advocate)     29 August 2014

check your inbox

Jimmy (Manager)     31 August 2014

"not yet married"... Lucky you!  Enjoy while you can!!! I asked the question because some people are ashamed to ask questions and post their queries supposedly for friends, but in reality these queries are for their own consumption.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading