To FileDivorce in court
Querist :
Anonymous
(Querist) 28 June 2010
This query is : Resolved
Hello sir / maam ,
I am a muslim girl and I had married to a hindu Boy in Sep. 2008 in Arya Samaj Madir where Marriage certificate were issued to us along with my Conversion certificate ( Hindu Conversion ) . But we have not regiistered our marriage in anywhere .
And after sometimes of marriage , problem started arises and our marriage didn’t run well .Finally, on May 2009, I came back to my parents home and we have no contacts from last 1 year via any media at all .
Now , I am looking forward for divorce for my safe future . So, I contacted him and got to know that he has already married last year around July09 and has got a child also .
I know that I can file bigamy case against him but since I want 2 move ahead in my life and want a Divorce by Mutual consent .
So, have asked him to file divorce case with mutual consent which he has denied . He is not ready to give me divorce and denied to come my home town to file divorce in court as he is working in some other city ,
Please advise :
1. Can I file case in any other city of India besides from my and his hometown .
2. Is there any way where I can only file for divorce in court without him and can get divorce from court .
Please reply with reference under which I can get divorce .
Please advise .
G. ARAVINTHAN
(Expert) 28 June 2010
please go legal.
Can give threat to him that he have to come fore mutual consent otherwise you will file bigamy case.
surely he ll come for mutual consent
Querist :
Anonymous
(Querist) 28 June 2010
Is there any legal way where i can only file for divorce case in court and get divorce .
Guest
(Expert) 29 June 2010
1. You can file Divorce where both of you got married (means where Arya Samaj Mandir is situated) and or where you are currently residing as per Jurisdiction Clause under S. 19 HMA.
2. After serving Notice if he does not appear before concerned Family Court and even after paper advertisement in both cities if he still remain absent before concerned Court then you can pray for exParty Divorce Decree and same will be granted.
3. Appeal period for him to appeal against exParty Decree is 90 days and if still he does not challenge it then you are free to proceed further in personal life.
All the best. Rgds
adv. rajeev ( rajoo )
(Expert) 29 June 2010
You alone can file divorce petition under the HIndu Marriage Act, because you have already converted to Hindu. Produce the document of your marriage in Arya Samaj. YOu show the second marriage the reason for divorce. If your husband remained absent in the case you will get the divorce
Guest
(Expert) 29 June 2010
You engage an advocate, who is most reliable and serve a legal notice to your husband to come for "mutual consent divorce" for the reason he has marrried some other girl and has got a child through her and you do not want to continue the matrimonial relationship with him. If he does not comply with the legal notice, then you can file a case under Section 13 (1)(i)- "has, after the solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse".
If he does not appear in this case, then also you will get valid divorce.
Now, you can file your divorce petition in the following places:
1. Where the Arya Samaj Marriage was held.
or
2. Where he is residing at present
or
3. Where you both last resided together or
4. IN CASE OF THE WIFE, WHERE SHE IS RESIDING ON THE DATE OF PRESENTATION OF THE PETITION.
You can avail the fourth point and can file the petition anywhere in India, you like, but you have to show that at the time of date of filing the petition you are residing (not staying) there. It means some residential address of your friend or even your advocate.
