LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anu (Accounts Executive)     17 February 2011

Urgent need advise for divorce plsss


Dear Sir/ Madam,



I m sharing the problem with one of near one (Ajay-male), Nidhi-wife

wife of Ajay belongs to interiors of UP and Ajay belongs to Delhi, The marriage proposals and proceeding started thru internet and both the parties came together and finalised the matter and both got married in April'2008 in Delhi   


About after a month of marriage the Nidhi was not fully satisfied with her in-laws on a/c of she wanted to create her own dynasty there and she began to ask about the investment u have and what u earn and what r the bank balances u have and all other money related matters etc., also tried to over come of her mother in law to do her own ruling in the house but ajay's mother (old aged widow) is still living in good. And Nidhi was not able/ready to accept the culture of Delhi and of a good hindu family. And usually she always used to discuss all the things happened at her home (in-laws) with her mother which was never liked by the boy and his mother,  and a liar nature of the Nidhi always created panic at home. In the meantime she was pregnant and was not doing well due to health problems, Nidhi gave birth to a girl child but the new born baby could not live longer and died within a couple of days. But no sign of improvement, discipline and maturity was found in Nidhi and she was acting and behaving more arrogant and mad. 

All such of her activities were only ruining their married life and all these were duly informed to her parents. once she said (lie) her mother on mobile phone that her in-laws are going to ablaze her by chance her husband was there and he listened all this and scolded her a lot and spoke to her parents at UP and also called her brother to take her with him and better to give her a treatment (psychological) and also asked for a written affidavit stating that the girl has malafide intention, can do suicide, and no body from the side of her in-laws would ever b responsible if any of the wrong step taken by her, whatsoever complaints she has have no significance and baseless. But no body from her family was ready to give such statement and the heavy fight of hot word between both the parties starts from here.  


That day (1st week Apr'09) Nidhi was taken by her brother at Noida and Ajay refused to stay with this kind of girl who is immature, lier, irresponsible in nature and can take any serious step  either with her life or with any of family's member. later two or three meeting were held to sort out the matter, but no result was coming.

And at last in Sept'09 without discussing and informing the Ajay's family Nidhi lodged a complaint stating a very big bogus story at UP (her mother's home) U/S 498A, 323, IPC SEC 3/2 Dowry prohibition act and so on agst her in laws also published a bogus article in daily news paper at UP stating that the girl is being harassed for the demand of dowry and thrown away by in-laws. 


About on 10th Oct her parents, brother along with 6 cops of UP Police arrived at Ajay's residence at 7:00 am in the morning to arrest him and 7 other family members as co-accused without giving any prior notice. 

However they managed a transit bail from Rohini court, and appeared before UP court after 10days, but even though they r not granted bail by the session court there, as in 498A only high court has the power to bail, they all disappeared from the court and managed a Arrest stay from Allahbad HC till the  charge sheet is filed, But Ajay and his family members are put in dark and assured that the case is finished now and Ajay and Nidhi can live together, and Nidhi came back from her mother's home with Ajay in the last week of Nov'2009.And soon after coming back to delhi Nidhi begain to the job in private school she is know well stand to earn her bread and butter  and they both are living together till now unhappily as the case of 498a is still pending. And the most important thing is at Ajay & Nidhi have no physical relationship for the last 2 years inspite of living together under one room.


And the charge sheet is filed in june by the IO duly mentioning that all the charges duly found positive and they are all guilty and should b punished. And the session court began to send summons to appear before the court. Somehow they rushed to Allahabad  HC again and got the case referred to Mediation centre, till now there is no date for counseling is issued by Mediation Allahabad even after 90 days from the order date of HC.  

Finally Ajay does not want stay with Nidhi. 



Now we need ur advise 

1) How can Ajay file the divorce case? Under which sections in HC/SC

2) How can Ajay get the court's order that Nidhi should not b allowed to stay with her in-law till the case is not finished.?

3) What sort of other complaints can b lodged agst, girl and her family.? on a/c cruelty and threat always given by Nidhi.

4) can the case be transferred to Delhi HC? 


Pls. farward your mobile no. to contact you.








 4 Replies

A.VIVEK ADVOCATE (ADVOCATE)     19 February 2011

divorce case can be file before the local court having the jurisdiction  since this is a personal issues person who have affected should counsult his advocate in person

Adinath@Avinash Patil (advocate)     21 February 2011


Advocate Anuj Anand (Advocate)     07 March 2011

Divorce petition u/s 13 of HM Act can filed at the place where the parties last resided. place of marriage. and the place where respondent is residing

Avnish Kaur (Consultant)     07 March 2011

u dont need a legal advise, u need a legal strategy, which can only be formulated in person by an expert matri-criminal lawyers group.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register