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sanjeev pawar (service)     08 November 2012

What is condonation? and how is it determined

dear members.

would really appreciate your help if you could kindly shed some light on my query. 

how is condonation defined by court? i filed a case of divorce in family court against my wife. for denial of s*x during first and second nights of my  marriage. and calling me a 'hijra' and throwing me out of the bedroom. 

this happened immediately on the first night  and second night of marriage. spoke to her parents, they begged for forgiveness and then i cooled down and started living together again, after which again there were a few incidents of calling me a hijra in and constant denial of s*x during entire period of marriage.

my marriage is one and half years old. i had consulted a lawyer who had advised me that ' come what may. i cannot file for divorce before one year and  i have to continue to adjust as it is until one year has passed, hence i continued to bear the pain of being called a hijra during my first and second night of marriage. and i have now filed for divorce after a year, she is not with me right  now and staying with her parents.
 

my  question is: since i delayed in filing for a divorce immediately and and continued to live with her, inspite of her denying s*x with me and calling me a hijra on  the first and second night  of the marriage. will the court see this as an act of condonation by me and dismiss my divorce case?

i would indeed appreciate your kind opinion. thnks



Learning

 1 Replies

Chetan Joshi (Advisory/Advocacy)     08 November 2012

No your case is perfect....It wont be rejected....Have a good lawyer guiding you...You could Have also seeked for annulment of marriage...

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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