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4 years ago
Hii, I'm a Hindu Girl, I was in love with a Muslim guy, few yrs back I got married to him, he promised me verbally that if things doesn't work out initially we will divorce, but he refused, since the day of wedding we haven't lived together at all, there has never been any physical relation between us till date, we have met only 4-5 Times in these years that too in public places and for 10-15 mins only, we fought a lot on the phone, but he is not willing to grant me a divorce, we both even don't have a marriage certificate, only one page nikahnama and one stamp page ( There is no marriage certificate,is this marriage valid ?) , both these pages have my thumb impression only, he has physically beaten me also twice, I have medical report of that, my family is not aware of this marriage and I don't want them to know anything about this, I want to get separated from his asap, What should I do ?, Please help
A.Crucial Steps to Ending a Long-Term Relationship
1. Always be realistic in your relationship. | iStock.com.
2. Choose the right spot to break off the relationship. ...
3. Stay calm when talking to your partner. ...
4. Always be honest. ...
5. Stand by your decision. ...
6. Decide how you'll tell your friends and family about the breakup. ...
7. Plan out your next move. ...
8. Don't talk badly about your ex.
Live-in Relationship: Indian Scenario:
On 23.03.2010 the Hon’ble SC in Khushboos case opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,†a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology.
Live in relations suffered a setback with the bar imposed by the Supreme Court in its recent judgment delivered on 17th May 2010 in a Family dispute in the matter of Bhaasthamata v R Vijeya Renganathan. The Supreme Court held that a child born out of a live-in relationship was not entitled to claim inheritance in Hindu ancestral coparcenary property. The dictum of the division bench comprising Dr B S Chavuhan and Swatanter Kumar, JJ appears to be a general law but its root of jurisdiction lie in the facts peculiar to this case. This ruling may not be accepted as a general law at all. It is only justified in this particular matter, but if applied to all live-in relations raising a presumption of marital bond; it would definitely result in gross miscarriage of justice. In S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. The Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Mariammal claim her brothe Muthu Reddiars property who died unmarried and intestate. Rengammal lived-in with Muthu and had children from that bond. After his death, she claimed inheritance. Earlier Rengammal had married Alagarasami Reddiars (who was alive) but they didn’t live together because of undissolved marriage between them. The trial Court did not accept her live-in claim. Her first appeal was dismissed. Subsequently, the Madras High Court held the judgment in favour of live-in partner.
In the cases prior to independence like A Dinohamy v Blahamy the Privy Council laid down a broad rule postulating that, where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. After independence the first case that can be reviewed is Badri Prasad v Dy. Director of Consolidation wherein the Supreme Court recognized live-in relationship as valid marriage, putting a stop to questions raised by authorities on the 50 years of life in relationship of a couple.
Divorce
You can legally file a divorce and get legal dirvorce.
1. Always be realistic in your relationship. | iStock.com.
2. Choose the right spot to break off the relationship. ...
3. Stay calm when talking to your partner. ...
4. Always be honest. ...
5. Stand by your decision. ...
6. Decide how you'll tell your friends and family about the breakup. ...
7. Plan out your next move. ...
8. Don't talk badly about your ex.
Live-in Relationship: Indian Scenario:
On 23.03.2010 the Hon’ble SC in Khushboos case opined that a man and woman living together without marriage cannot be construed as an offence. “When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence,†a three judge bench of Chief Justice K G Balakrishnan, Deepak Verma and B S Chuhan observed. The court said even Lord Krishna and Radha lived together according to mythology.
Live in relations suffered a setback with the bar imposed by the Supreme Court in its recent judgment delivered on 17th May 2010 in a Family dispute in the matter of Bhaasthamata v R Vijeya Renganathan. The Supreme Court held that a child born out of a live-in relationship was not entitled to claim inheritance in Hindu ancestral coparcenary property. The dictum of the division bench comprising Dr B S Chavuhan and Swatanter Kumar, JJ appears to be a general law but its root of jurisdiction lie in the facts peculiar to this case. This ruling may not be accepted as a general law at all. It is only justified in this particular matter, but if applied to all live-in relations raising a presumption of marital bond; it would definitely result in gross miscarriage of justice. In S.P.S. Balasubramanyam v Suruttayan Andalli Padayachi & Ors. The Supreme Court allowed presumption of marriage u/s 114 of Evidence Act out of live-in relations and presumed that their children were legitimate. Hence, they are rightfully entitled to receive a share in ancestral property. In the instance case, Mariammal claim her brothe Muthu Reddiars property who died unmarried and intestate. Rengammal lived-in with Muthu and had children from that bond. After his death, she claimed inheritance. Earlier Rengammal had married Alagarasami Reddiars (who was alive) but they didn’t live together because of undissolved marriage between them. The trial Court did not accept her live-in claim. Her first appeal was dismissed. Subsequently, the Madras High Court held the judgment in favour of live-in partner.
In the cases prior to independence like A Dinohamy v Blahamy the Privy Council laid down a broad rule postulating that, where a man and a woman are proved to have lived together as a man and wife, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. After independence the first case that can be reviewed is Badri Prasad v Dy. Director of Consolidation wherein the Supreme Court recognized live-in relationship as valid marriage, putting a stop to questions raised by authorities on the 50 years of life in relationship of a couple.
Divorce
You can legally file a divorce and get legal dirvorce.
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Chitra Sundar
Responded 4 years ago
A.I believe that your marriage must have been performed before a Qazi and therefore you have a nikhahnama. It is a valid marriage. In this situation, you can ask for mutual divorce from your husband, which is called mubarra. Another option that you have is, approach the Qazi and ask for Khula divorce, which is a divorce proceeding initiated by the wife.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
need to understand under which customs the marriage was performed to guide you the applicable laws. You have some solid strong grounds for divorce, please talk to a lawyer near your place to file the petition.
need to understand under which customs the marriage was performed to guide you the applicable laws. You have some solid strong grounds for divorce, please talk to a lawyer near your place to file the petition.
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