Divorce Divorce

6 years ago

My parents opened a profile in a matrimonial site in jan 2014.after that one party from Mumbai contacted my parents and they had some conversation and fix our marriage before I have seen the boy.The father of the boy came to Kolkata and fix our registry marriage in Aug 2014 but I didn't have any conversation with the boy.I thought my parents choose everything will be fine.the boy never spoke to me and came on the day of registry,we had registry marriage and fix our marriage on 27 the Feb 2015.Even after our registry marriage the boy was absurd,his brother was married but used to take more interest in me.The boy was not normal,he never tried to make things easy going before marriage.many times before marriage I told my parents that I don't want to marry him I m not comfortable but they didn't listen to me because he used to earn 90000 per month.finally we get married on 27 Feb 2015,after that they took me to Mumbai where my parents didn't go with me.they left me alone with them.in Mumbai they started to show their actual image.before marriage they told they will help me to get job in Mumbai but when I went their the scenario changed.they treated me like maid servants.his brother used to look at me in a bad sense and even my father In law.i don't have mother in law.they don't used to cook for me.i had to cook my own food alone separately.i didn't get any support from my husband.he never loved me just wanted a body to satisfy his needs.he never used to give me a single penny.used to shout on me treat me badly as servant.the boy never created a bonding with me he just wanted my body to use to satisfy him.but i always opposed.i told my parents initially they didn't want me to return home.things were getting worse so I had to return home kolkata on may 2015.then I don't feel like to go back because there was nothing so I decided that I don't want to stay with him in the month of October.then we filed case against them for assaultation and domestic violence.then they defended and somehow came to know that now I m working and they refused to give us a single penny.I really don't want a single penny from them .I just want to get rid of them.Till now I am fighting I am alone my mother wants me to return back to them but I don't want to return I any cost.i am just 27 yrs.i don't want to spoil my rest life staying in a hell.2018 I didn't get divorce.what should I do now

Adv. Sarika Khude

Responded 3 years ago

A.kindly give the more details of your case so that we can guide in a better way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly give the chronology of your case so that we can guide in a better way. and we hope it got resolved in your favour.
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ARPIT BATRA

Responded 5 years ago

A.Hope it got resolved in your favour.
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.Have you not filed for divorce yet ?
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 &The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:
• Divorce by Mutual Consent
• Contested Divorce
1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.
2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.
Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.
VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.
Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
How to file divorce petition by mutual consent? What happens in the court?
The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?
During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.
In such circumstances, the court grants no divorce decree.
What can the other partner do under such circumstances?
There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.
In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
Can the spouse consent for remarriage without getting divorce from existing partner?
Remarriage without getting divorce is a punishable offence with seven years imprisonment.
If either of the spouses is not heard for a long time, should the divorce be applied?
If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.
When the divorced persons can remarry?
Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.
What are the costs involved in getting divorce by mutual consent?
If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.
But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.
How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?
It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anupam Shandilya

Responded 6 years ago

A.Madam keep in mind that making accusations is easy but harder to sustain.please give the chronology of your case so that we can guide in a better way.
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Anonymous

Replied 6 years ago

Sir why I will give false accusations?any way thanks for your reply.just tell can I file mutual divorce? Because I don't have so much money to fight a case.I just want to live my life alone happily

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