Divorce
P.Parthasarathi
(Querist) 11 November 2011
This query is : Resolved
Sir,
My client, a woman, was married to her husband in 1984, they lived together till 2001, when they were separated. The husband tortured the wife every day during the entire period and my client being a woman from a reputed family, did not take the matter to court to save the family honor, and instead, tolerated. In 2001, the husband left her and she started living with her parents, along with two children, daughter aged 15 and son 10 and brought them up by herself. Not a penny was given by her estranged husband nor did he ever visited her or met the children or her. No divorce case was filed till now. Now she wants the marriage to be annulled, as desired also by her children and ripe old parents. What sub-section/sections of sec. 13(1) of the Hindu Marrige Act will be suitable to file a petition seeking annulment of the marriage? Except her parents and the then minor children she has no other witnesses to confirm the torture meted out to her by her husband. The daughter is now married off and son an Enginer--they are 25 and 20 years old.
Sankaranarayanan
(Expert) 11 November 2011
Hope you are an advocate, why your client start the issue about cruelty and harassment.
yes if she willing to get divorce then file it .
ajay sethi
(Expert) 11 November 2011
she has lived with her husband for 17 years . for last 10 years they have been living separately . wife can file for divvorce on grounds of cruelty and desertion
Shonee Kapoor
(Expert) 11 November 2011
How come annulment comes into the picture. Only divorce is the option.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 11 November 2011
Yes i totally do agree with above experts.
