Hindu Marriage Act Divorce

Mrs. Hetal Sunil Shah (Advocate) 11 September 2009

lot of exchange on this issue now take action

vhariprakash (engineer) 12 September 2009

Hi ,

I got married and the girl ran away after one and half day from my residence .Later she was recovered by her father and at present she is staying alone . She agrees for seperation .

How do i get the the legal seperation when we both agre for the same ?

what would be the expense incurred ?

Please advice me so that i can finish this asap .

points :

we stayed together for 1 and half day only .

i had filed and FIR when she ran away from house , leaving a note that she left .fir is closed now.

after two months i got her contact and she asks for seperation .

thanks...

krishankmittal (Retired) 12 September 2009

Pl look into website www.mynation.net and u will get every information u need then consult alawyerfor filing joint mutual divorceor /resti5tution of conjugalrights. In case marriage was not registered than matual seperation in the presence of elders of both side so that on claaimis raised later on If the marriage was not consumated this also be agound for divorce.

krishankmittal (Retired) 12 September 2009

no maintanence can be shought.PL looh court case no I.A.1092 of 2007 decided on 24.03.2007 in O.P. no.292 of 2007 andJustice dhingra's judgement CM(M)1153/2008. searsc site www.mynation.net. u will get every information on the site.good wishes.

krishankmittal (Retired) 13 September 2009

Pl also lodge police complaint giving full details as to what happened after marriageobain receipt to avoid police complaint under section 489a

Pawan (CS) 18 September 2009

Dear Friends,

I have an interesting case where the Husband is a victim and to avoid the maintenace, he is claiming that he is never married to the girl.

How sound is this defence and how long it can save him.

Regards,

PKL

karan sharma (computer hardware engineer) 17 November 2009

Dear Sir/Madam,

We are married 2years before but staying seperately last two years due to few reasons as stated below of our married life. Following are few problems I am facing.

1) I have not s*xtual relationship with my wife becouse my not ready to have s*x.
2) Her Mother wants to leave my all family and live with her daughter only but thats time I am not able to afford anything because I was depened fully on my father.

3) My wife listens to and acts in accordance with her mother wishes at all times,
5) Blackmail (emotional or otherwise) and threats to get her unreasonable demands fulfilled by me and walks out to her parents house following an argument and stays away from me indefinitely without any effort towards reconciliation.

How do I get divorce and which act? They are not agreed for mutual divorce? But she is ask me for money and she applied in Mahila ayog.

How long will take for divorce?

Do I need to pay her the maintenance? How much the cost? She is not working.

I am working as Computer Hardware engineer with 3500 Rs Salary in Ahmedabad, Gujarat .

Can I file divorce in Ahmedabad, gujarat? both are Bihar, India Citizen and Hindu Marriage act. My Marriage not registered in india.

karan sharma (computer hardware engineer) 17 November 2009

Dear Sir/Madam,

We are married 2years before but staying seperately last two years due to few reasons as stated below of our married life. Following are few problems I am facing.

1) I have not s*xtual relationship with my wife becouse my not ready to have s*x.
2) Her Mother wants to leave my all family and live with her daughter only but thats time I am not able to afford anything because I was depened fully on my father.

3) My wife listens to and acts in accordance with her mother wishes at all times,
5) Blackmail (emotional or otherwise) and threats to get her unreasonable demands fulfilled by me and walks out to her parents house following an argument and stays away from me indefinitely without any effort towards reconciliation.

How do I get divorce and which act? They are not agreed for mutual divorce? But she is ask me for money and she applied in Mahila ayog.

How long will take for divorce?

Do I need to pay her the maintenance? How much the cost? She is not working.

I am working as Computer Hardware engineer with 3500 Rs Salary in Ahmedabad, Gujarat .

Can I file divorce in Ahmedabad, gujarat? both are Bihar, India Citizen and Hindu Marriage act. My Marriage not registered in india.

She live in her native place in Bihar, India and we lived together in also Bihar last time. But persently I live in other state (Ahmedabad, Gujarat in India) and I want to do case of devorce from Ahmedabad, is it possible.

raveendran (chief executive) 24 November 2009

Before the expiry of one year from the date of marriage you can not apply for divorce on the grounds mentioned by you. However the above statutory period can be dispenced on special reasons. S.Raveendran, Advocate, Coimbatore

Hardik Mehta (Family Counsellor) 24 November 2009

Karan,

If you are staying separately since last 2 years, then you can file the divorce on the grounds of desertion and cruelty. This can be filed where the marriage has taken place. You cannot file at Ahmedabad since you have not stayed at that place as husband and wife.