Second marriage can I get divorce Second marriage can I get divorce

1 month ago

I get my second marriage 2023,and I have 16 year old daughter and he also have 2 kids one is 8 years and another one is 2 .last year 2023 a person who is already widow before he said and promise to me I take care of you and your daughter also I agree with this and get marry only 3 day am happy with that person after that I know that person history was very wrong he have a girlfriend also and he have physically relationship with her I asked him y you marry me u alredy having a relationship with her and he said sry for that now u only my wife pls forget me then I forgive that person .few days left and he again talk that girl again he said what to do am not telling her to call me.when I asked him everything now he thinking am enemy for him now my mother in law and my husband brother and sister also tourchering me everyday and he standing only Mother side am very tired living with him . now what decision I make am totally dipressed one time I committed to sucied , what to do am before single parent pls give me a suggestion for how handle them and it's better to take divorce r am staying here only because we are coming from good family background so I thinking y spoiling our family reputation so pls suggest me

Anik

Responded 1 month ago

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A.Dear Client,

In cases involving cheating and fraud, it may be possible to file for divorce on these grounds. While typically divorce cannot be initiated within the first year of marriage, exceptions can be made in extraordinary circumstances such as those involving deceit or infidelity.

If you believe your situation warrants immediate action, it's advisable to consult with a qualified family law attorney who can assess the specifics of your case and guide you through the divorce process. They can provide personalized advice based on the relevant laws and help you navigate the legal proceedings effectively.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the given scenario and if it is possible, you can opt for mutual consent divorce to get yourself relieved from all these trauma and ordeal, The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B of the Act. As per Section 13-B(1) of the Hindu Marriage Act, 1955, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce petition is not withdrawn within 18 months, the court passes a divorce decree. Whereas a Contested divorce is more complex and time-consuming that takes 3 to 5 years for the final decision of the court. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Madam,
You can get divorce on the grounds of cheating and fraud. Normally, divorce cannot be filed within one year of marriage but yours is a exceptional case.
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