Need help to apply divorce
Perumalraj
(Querist) 07 August 2014
This query is : Resolved
Hi,
I need the relevant information on "How to apply the divorce"?
My sister got married without my family knowledge and the marriage was registered. We came to know the same on 2013 and she was very adamant and after 6 months she agreed to marry as per our family wish. Now we need to get the divorce for her registered marriage.
When i investigate about that boy who married my sister, I came to know that he is not interested in doing any job and he was expecting some dowry. He is not from my community as well. I thought to say ok for their marriage if the boy is a capable person for my sister but it is not the case.
Please advise me how to get the divorce for my sister and what is the procedure.
Devajyoti Barman
(Expert) 07 August 2014
Unless both of them go for mutual divorce, getting it very difficult and time consuming,
Marriage is not child' play and hence dissolution of it can not happen at the drop of a hat.
Perumalraj
(Querist) 07 August 2014
Hi Deva,
Thanks for your quick reply.
I can speak with that boy and get the mutual divorce. Till now i have not spoken with him since i was thinking to agree for their marriage but now the time to open the discussion because i am not happy with his status.
I want to know the procedure in terms of filing in which court, fees and other judicial procedures.
Thanks in advance.
Sudhir Kumar, Advocate
(Expert) 08 August 2014
you are saying that he is undemployed and expecting dowry. WHy should he agree for divorce what he stands to loose for refusing to agree for mutual divorce.
If dowry demand is realy there then it is a case for 498a.
Please come with proper facts.
Sudhir Kumar, Advocate
(Expert) 08 August 2014
being from other cast community is no ground for divorce as long as his religion is not other.
malipeddi jaggarao
(Expert) 08 August 2014
1. She married without family knowledge.
2. She agreed to re-marry as per your family's wish.
3.You need to get divorce for registered marriage.
4. He is not interested in doing in any job as per your assessment.
5. He is expecting some dowry as per your assessment.
6. He is not from your same community as well.
7. You want say OK if the boy is capable person for your sister.
None of the above can be the reasons for giving divorce. As Mr.Devajyothi Barman (Do not use shortcut names for experts) advised marriage is not a child's play.
Your sister is a major and they got married and the marriage is registered with their consent. You do not have any role play to in the life of your sister except to help them to stand in their life. You can as well find a suitable job and offer the same to your brother-in-law if you are so concerned. Do not spoil her life. Let her live her own life. If you really interested in her welfare, lend a helping hand in case of need.
ajay sethi
(Expert) 08 August 2014
AGREE WITH EXPERTS
Rajendra K Goyal
(Expert) 08 August 2014
Try to have amicable settlement and go for mutual consent divorce. Take help of a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
You have no rights to interfere in your sister's marriage though you can shower your love and affection on her but never be a cause for spoiling her future life. If your brother in law is from a different community how is it going to affect their married life? Is it new or strange to marry each other belonging to different communities ? Better drop the idea of separating them and as a good brother unite them and ensure that they lead a happy married life by supporting them financially and in all other aspects.
Biswanath Roy
(Expert) 12 August 2014
Insisting, interfering and designing a wrong by misusing law is punishable.
