Divorce
Querist :
Anonymous
(Querist) 16 September 2018
This query is : Open
dear sir
i got married in 1995 under Sikh rites at chandigarh-- due to some problems now i have taken up a case for mutual divorce ---my inlaws have not replied but as a counter have sent a letter to GOC Southern Command Pune to deduct maintenance allowance and give it to there daughter---- i have contacted a chandigarh lawyer rajesh khurana to advise---- the lawyer says marriage comes under prohibition since my mother and mother in law are real sisters -------the lawyer has advised to draft letter to army authorities accordingly--------------- the lawyer has suggested an amount of 3lacs total for the divorce in full and 1.25 lacs as advance-------------
please advise --------------
also kindly let me know the name of any good advocate in chandigarh dealing with such cases--is rajesh khurana a good advocate--i have also been advised the name of one more advocate babban maan at chandigarh-------------------
regards ------
Vijay Raj Mahajan
(Expert) 16 September 2018
You married in 1995 and since than you both were living together as husband and wife for last 23 years. Your mother and mother in law were real sisters this fact was known to both families still the marriage was solemnised according to Anand Karaj, Sikh Marriage ceremony in the Gurudwara.
Now you seek divorce by mutual consent and your most intelligent advocate told you that your marriage is not valid as it was between parties who were in prohibition relationship under the Hindu Marriage Act,1955 applicable to Sikhs also and has advised you for settlement amount for divorce. Just ask your most intelligent advocate if the marriage is not valid how it can be dissolved by decree of divorce from the court?
The marriage which is null and void under the Hindu Marriage Act cannot be dissolved by decree of divorce as it is already not existing marriage, only legally valid marriage can be dissolved by decree of divorce.
Second point is what relief you can seek from the court for this void marriage, you need not go for mutual or joint petition with your wife for which your most intelligent advocate advising to pay her some amount, but even your individual petition for annulment under section 11 of the HMA for getting decree of nullity. Your wife if defend the annulment petition has to prove that marriage between both was valid and not void, you can by sufficient evidence prove that your mother and mother in law are real sisters and for all purpose you have very strong case for getting decree of nullity.
Third point is the maintenance for wife through Armed forces, rule exists for that and till you get your marriage declared null and void from the court by the decree of nullity, you will have to pay her the monthly amount for her maintenance, no doubt you can tell the factum of your marriage but the Army authorities will seek formal decree of nullity from the Civil Court.
Sir you seek more intelligent advocate in Chandigarh, one you already have what you will do with another, if you have so much money to throw then better engage advocate from outside who can handle you case properly not giving you all sort of wrong advises.
Sudhir Kumar, Advocate
(Expert) 16 September 2018
are you covered under Army Act or employed as civilian in DGQA?
Guest
(Expert) 16 September 2018
Mr. Anonymous,
Being anonymous person, actually you did not deserve any advice from experts. However, you have been given the best advice by the learned Shri Vijay Raj Mahajan, which could not be expected from your own lawyer. Divorce has no standing on legal angles.
I heartily appreciate the analytical and wise advice of Mr. Vijay Raj Mahajan.
So far as your question about your own lawyer is concerned, from your description, it seems, either he has only an elementary & theoretical knowledge of family laws, or is a greedy person. You can expect to be surely doomed by his handling of the case with the aim just to earn not only his fee, but also making you lose Rs. 3 Lakhs of rupees, in addition to his fee, by paying to your so called illegal wife even with your void marriage.
Of course, being bound by rules, the concerned army authorities would be bound to pay the maintenance charges to your illegal wife by deducting from your salary. They cannot avoid.
So, better take speedy steps to prove your marriage to be void in law and to satisfy your authorities and to avoid paying any further amount as maintenance charges.
In fact, the case is quite simple for you if try to convince your in laws that legally you do not owe even a single penny, as maintenance charges on account of this void marriage and make them to settle the issue amicably with the help of the two real sisters, your mother and mother-in-law and make them also to withdraw their application from the army authorities.
However, due to your long relation of 23 years, I won't advise you not to pay a single penny. Humanitarian approach should be adopted to make your wiife's comfortable future life, whether you live together or separately.
Even then, if they are not readily willing to withdraw, you may engage some really prudent lawyer, like Mr. Vijay Raj Mahajan, who can be willing to mediate between you, your wife and in laws, to manage easy settlement of the case without any fuss.
Rest depends upon your own wisdom.
Dr J C Vashista
(Expert) 18 September 2018
1. Very well analysed, advised and obliged by experts Mr. Vijay Raj Mahajan, Mr. PS Dhingra and Mr. Sudhir Kumar, I agree and endorse the same.
2. Mr. Rajesh Khurana, Advocate in Chandigarh is very able, competent and intelligent lawyer who has advised you perfectly, I appreciate his acumen.
3. Your marriage is void ab-initio as you are in the prohibitory degree of relation, as per provisions of Hindu Marriage Act, 1955.
4. You are stated to be in Chandigarh, how come GOC Southern Command assume jurisdiction over the personnel in Chandigarh?
5. You will have to maintain and take care of your family.
6. Anonymous author is not obliged by experts on this platform as per rules, which you have read (it is presumed) before posting this story.
Querist :
Anonymous
(Querist) 18 September 2018
@DrJCVashista apologies for not having read the rules re anonymous posting--i have stated chandigarh since the marriage was conducted in chandigarh and also since it is the permanent residence of my wife and her parents--so better to do everything in chandigarh--otherwise presently i am in chennai--could have started the case from here being the last station from where the husband and wife were cohabiting but i may get transferred tomorrow so problem may arise therefore chandigarh is a better choice--since chennai is under southern comd hence GOC SC is applicable --but i feel there is a caveat that army offrs are under GOC SC only for discipline and not for family matters--this is because i am no longer in the army but in DGQA Dte Gen of Quality Assurance a civ org since last 16 years--that is i was permanently seconded or absorbed from Army into DGQA after 14 yrs of service as a Major--service offrs serving in DGQA are under the army authorities only for disciplinary action--administrative requirements like accomodation are met by the Ordnance Factories where we are posted at present in Chennai/Avadi it is met by Heavy Vehicles Factory where i am a Joint Controller--another caveat is that recently on 31 Jul 2018 AFT Chandigarh have passed judgment that army auth will not interfere or cut pay of service offrs unless ordered by a civil court since army does not have the resources to go into the details of such matters--Colonel Naresh Kohli Retd was the advocate from Chandigarh who was able to get this judgment--i am trying to get in touch with him but do not have his contact details--in case the contact details can be fwd i would be grateful since first priority is to close the case from army side then proceed for mutual settlement etc
regards
