divorce
D Madhavi Latha
(Querist) 17 March 2011
This query is : Resolved
the cause of action applying divorce is minimum one year. if the girl is made to suffer metally and physically and want to apply for divorce and want to take back the gold and silver articles which were presented by her parents and relatives at the time of the marriage what is the procedure to be followed legally. insted of receving the articles through civil prcedure after obtain the dovorce whether we can suggest to proceed under cr.procedure i.e. lodging complaint u/s 498-a and take an order for search and scease theproperty .
D Madhavi Latha
(Querist) 17 March 2011
thank,'u' sir for your immedieat reply. iwhould like to submit that i was adviced to proceedin the said way. actually a father of the victim came to me to have a suggession and he expressed one doubt that whether he can send his daughter to forigen on job or for studies there, after applyingfor dovorce /withour taking divorce \i said it is not possible after applying for divorce. now clear me that without applying divorce whether she can go to foregin. but i feel that the marrital status of the gilr did not change and after 2/3 years if she file a case for divorce the oppsite party may not be ready to give his consent. even now he may not come forward for mutual consent divorce as per her version. what are the steps to be taken to apply for divorce. kidly clearly give me a reply for which i convay my regards.
Suhail suhail
(Expert) 17 March 2011
First of all i am always hurt by this word divorce,as it certainly means separation but unfortunately sometimes the circumstances are such that no other option is left without being separated,however your reply as per my little knowledge ; i would suggest to go for the job without applying for divorce,as if she applies for same on any grounds what so ever it is going to take her long time as her husband wont let her to go so easily.There are too many things related with a matrimonial cases,it is pure human nature,and the emotions/hatred/revenge etc. like terms are for sure involved,and that means if the job opportunity is in hand and delaying will cause its loss,then better go to abroad,and from there your friend can send the divorce notice.But remember never let this to be cause for her leaving good scope for husband to claim different benefits.
I advice you strictly to consult a divorce lawyer before taking any steps.
Santosh Goswami,Advocate
(Expert) 18 March 2011
No, in exceptional situations a petition for divorce can be filed before the mandatory one year.Yes, you can also adopt criminal mode to acquire those things.
