Divorce in goa
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
its been 2yrs since i have left my husband. It took a lot of courage to do so, as i was very afraid of him physically harming me. i have a 4 yr old child, and have been living with my parents.i left because, he was very controlling psychologically and financialy, he would waste money (to a point we had only 100 rupees to last the fourth week of a month, every month), borrow to an extent that i was afraid of the lenders, he punched me on two occasions and was confident of physically harming me.,there was no more intimacy(would on average have relations once every 2 months after asking for it), physically or emotionally, he sold my inherited gold, refused to take up a job for a long time, borrowed a lot from my family and refused to pay back.i do not trust him. i donot love him. i do not want anything to do with him. i have allowed him to regularly see our child, for the child's sake and because i have been dependent on my parents as secondary caregivers, and 2days a week, they want a holiday from baby sitting. its been a financial struggle,and i am just getting to a point i can afford day-care.
Now, my lawyer says that i do not have strong grounds for divorce. I would need to wait a total of 3 yrs, to show separation as my only ground. I have not filed for separation.
i am catholic, and married in goa. considering goa laws,,,,, whats the best way i have to get a divorce?
Nadeem Qureshi
(Expert) 28 December 2011
Dear querist
you can file A DIVORCE PETITON under section 10 (1)(X) of the Divorce Act, 1869 with amended act 51 of 2001.(Sec.5)
(X) has treted the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.
feel free to call
mahendrakumar
(Expert) 29 December 2011
truly sad to hear.
please follow Nadeem.
however as a catholic divorce will not be allowed by your church on such grounds.
prabhakar singh
(Expert) 29 December 2011
5. Substitution of new section for section 10.
5. Substitution of new section for section 10.-For section 10 of the
principal Act, the following section shall be substituted, namely:-
"10. Grounds for dissolution of marriage.-(1) Any marriage
solemnized, whether before or after the commencement of the Indian
Divorce (Amendment) Act, 2001, may, on a petition presented to the
District Court either by the husband or the wife, be dissolve on the
ground that since the solemnization of the marriage, the respondent -
(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of Collected by the All India Christian Council, www.christiancouncil.in Page 2 of 6
not less than two years immediately preceding the presentation of the
petition; or
(iv) has, for a period of not less than two years immediately
preceding the presentation of the petition, been suffering from a
virulent and incurable form of leprosy; or
(v) has, for a period of not less than two years immediately preceding
the presentation of the petition, been suffering from venereal disease
in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years
or more by those persons who would naturally have heard of the
respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage
has not therefore been consummated; or
(viii) has failed to comply with a decree for restitution of conjugal
rights for a period of two years or upwards after the passing of the
decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately
preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a
reasonable apprehension in the mind of the petitioner that it would be
harmful or injurious for the petitioner to live with the respondent.
(2) A wife may also present a petition for the dissolution of her
marriage on the ground that the husband has, since the solemnization
of the marriage, been guilty of rape, sodomy or bestiality.".
6. Insertion of new section 10A.
6. Insertion of new section 10A.-After section 10 of the principal
Act, the following section shall be inserted, namely:-
"10A. Dissolution of marriage by mutual consent.-(1) Subject to the
provisions of this Act and the rules made thereunder, a petition for
dissolution of marriage may be presented to the District Court by both
the parties to a marriage together, whether s ch marriage was
solemnized before or after the commencement of the Indian Divorce
(Amendment) Act, 2001, on the ground that they have been living
separately for a period of two years or more, that they have not been
able to live together and they have mu ually agreed that the marriage
should be dissolved.
(2) On the motion of both the parties made not earlier than six months
after the date of presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said Collected by the All India Christian Council, www.christiancouncil.in Page 3 of 6
date, if the petition is not withdrawn by both the part es in the
meantime, the Court shall, on being satisfied, after hearing the
parties and making such inquiry, as it thinks fit, that a marriage has
been solemnized and that the averments in the petition are true, pass
a decree declaring the marriage to be issolved with effect from the
date of decree.".
Devajyoti Barman
(Expert) 29 December 2011
Yes you need to file a divorce suit on the grounds stated above.
You can file cases for maintenance of yours and the child.
Deepak Nair
(Expert) 29 December 2011
Agree with the experts.
Adv Aileen Marques
(Expert) 29 December 2011
You may file for divorce on the ground of Cruelty. You may also file a case under the Protection of WOmen from Domestic Violence act for protection for you and your child. You will also be required to file Annulment in the curch to dissolve your marriage.
Shonee Kapoor
(Expert) 01 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
