diverse petition.
J.K. Nair
(Querist) 07 February 2012
This query is : Resolved
Sir,
My son got married (arranged) in January 1, 2011 at our native place. She is educated and working in a Private Bank. After marriage we were there for approximately 10 days. We reached Mumbai at 1645 hrs. took 1 hour to reach my home. Before entering my house the girl informed me that she is not interested to continue this relation as she has an affair for the last 18 months with another boy. I asked her then why you have told us the fact earlier and in reply she said because of her parents she agreed, and now she feel guilty. Engagement was conducted 3 months before and she has sufficient time to inform us and their parents also aware of this matter. But they have not disclosed it to us and kept it as a secret. Therefore we called her parents, and they came immediately and we specifically informed them our stand as we could not accept her. Finally they have taken the girl with them.But before they left I asked her to give her statement in writing. She has agreed and written in a white paper that "she do not want to continue this relation and she is writing this letter by her own without anybody's pressure" After two days her uncle who is a Government servant, talked me and requested me to forgive her and as suggested by him I have given one chance with a promise that in future this will not happen. I also came to know from my son that during those 10 days they have not in physical relation, she was complaining abdominal pain. After a week time she openly started quarrel with every one at my family and one day without telling any body she has gone to her residence directly from her office. Now almost 7 months passed. She has not come back. We came to know that she has connection with her boy friend even now also. I have been told that if I wanted to file a diverse petition I will have to wait for one Year. One year is already over I wanted to put a petition in the high court for diverse and Cheating.
Kindly advice me how can I help my son who is innocent. Where I should go ? I can claim for compensation etc. ?
I hope you will do the needful at the earliest.
Thanks
Nair
J.K. Nair
(Querist) 07 February 2012
Sir,
I, sincerely request you to kindly provide me suitable advice. I am a Govt. employee retiring in the next month. I wanted to Help my son. I am attaching a detailed file which pls. find in order.
I hope you will do the needful.
Thanks
Nair.
ajay sethi
(Expert) 07 February 2012
it is always better to get divorce by mutual consent . if she has not come back for 7 months take her into confidence and obtain her consent for divorce her by mutual consent .
filing of cheating case would be counter productive
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
Mr Nair law is not in your favor and your story no court will believe, since law needs evidence.
You purchased cloth cut and stitched it and now want to return, the original grace and value is gone.
Now you are trapped in turmoil, look inwards. Instead of blaming others look to your ways for coming out with minimum damage.
Otherwise system is there to sap all your energy, time and resources.
Deepak Nair
(Expert) 07 February 2012
Best way is to file a petition for divorce by mutual consent in the family court. You need not apprpach the High Court for that. matrimonial matters are tried and decided in the family court.
You are suggested to call their family members and ask for their co-operation in filing a divorce petition.
As advised by the experts above, there are no strong grounds with evidence to file a case for cheating. Only allegations whin are diffficult to prove even if they are true.
If you take any such step, it is possible that the girl will slap any other serious criminal case against you and your family such as cases under Domestic Violence Act, 498(a) of IPC etc.
Therefore, go for a divorce by mutual consent and close the chapter at the earliest.
Devajyoti Barman
(Expert) 07 February 2012
Since both of them do not want this relationship it would be better if they go for mutual divorce.
However of the girl is not ready then your son has no option but to file a suit for divorce.
V R SHROFF
(Expert) 07 February 2012
Your fault is no investigation on your part, before allowing her to part with your son.
Yu have no otion but to suffer for your negligence to inquire. Office staff, someone would have informed you during 3 months of engagement period.
It is her greatness to tell you frankly her affair.
If she was shrewd, she would have left you, blamed cruelty, 498a, and left.
So bless god, the things are cleared within 10 days of marriage.
Also bless God, she is earning. so no mtn.
If Marriage not registeed, ask her go for MOU, & Forget the Marriage. Get your son marry another girl, and get the consent of present wife as NO OBJECTION< as there was no marriage.
If this short cut looks dangerous to you, wait and file MCD, on Jan 11 2012,which is over now. So act accordingly.
Better file MCD, & wait for 8 months to remarry.
