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Anu   28 March 2016

Can I live with former lover nd file divorce petition?

Hello Sir, Really need some suggestions, I was in a 5 years long relationship with a guy, we both loved each other. We got involved in this because we thought we can be life partners, we assumes that we are married. however unfortunately i married to some another guy whom my parents introduced me 5 or 6 months back, as they wanted me to marry in same caste at any cost. now its almost 2 and half months of my marriage, i came to know this guy is already a divorcee (which my family member knows before my marriege), heavy alcoholic (drinks almost dailly), abuses me daily, have beaten me brutally twice, even her younger sister have slapped me, now i am in my parents house for holi festival have told everything to my parents they are not ready to help me to file a divorce petition, my parents have told me that i have to adjust with him or his insane family, but now i want to unite with my former lover for whole life, i realize that i did big mistake for sake of my family, So my question is can i go and live with my former lover and apply for divorce from the location he is working? because i do'nt have anyone in my life to help me except him. Waiting for suggestions.


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 9 Replies


(Guest)
hello Anu...1 year is mandatory to apply fr Divorce....u can,file 498A, Domestic violence...For further info...Mail me at.. juristybcreddy@gmail.com. BALACHANDER REDDY,ADVOCATE

KS Johal   28 March 2016

It is sad to hear that your parents are not supportive of what is going on. They do not understand that they are also committing a crime. How can they expect you to live with this person if this person that you got married to abuses you creates a lot of violence within the family and even his sister slaps you. You must file domestic violence and also 498 a as a matter of urgency. Yes you should be able to file your divorce petition from where you intend to stay.

saravanan s (legal advisor)     28 March 2016

You can file for annulment of marriage on the grounds that your consent for marriage had been obtained by using force.you got to do this within one year of marriage.before getting divorce you cant join your boyfriend and that amounts to adultery and your boyfriend might be pun8shed for it

Laxmi Kant Joshi (Advocate )     28 March 2016

You cannot file divorce within a period of 1 year of marriage, you have to wait for its to complete one year, but as you stated above your parents forcefully take your consent for this marriage on this ground you can go for annulment of your marriage within one year of marriage go for it get annuled your marriage and then live with your lover , i will not suggest you to live with your boyfriend before divorce or annulment of your marriage because it is a criminal offence your husband can file a criminal case of adultery upon your lover and he will be arrested and can be punished for jail atleast for 5 years .

Vijay Raj Mahajan (Advocate)     29 March 2016

The best solution for your case will be if you discuss the matter with your husband and arrive to an agreement to dissolve the marriage by mutual consent.

Your filling all sort of criminal complaints as suggested by people here will aggravate the dispute that may lead to never ending story for both of you. Your filing criminal complaint/cases against him and his researching your past love affairs will be making more trouble for you, as a complainant your evidence will be very important, merely your statement that you were given slap on face or hurling abuses which are neither recorded nor any eye witness will not be sufficient piece of evidence in the criminal proceedings.

You are not coming with clean hand as you admitted had love affair for 5 years before you got married to this man although without your free consent, but you did not resist or refused for the marriage, this was your mistake.

He had a previous divorce, is habitual alcoholic and rude behaved person takes the marriage nowhere for both of you.


(Guest)

With known caste person life is like this, what with the person whom u wanted to, its better to forget all such things and continue living married life.  Married life = adjustment.

Anu   29 March 2016

Hello vijay Sir,

1) As for as evidences are concerned, I am very poor with it, far to my knowledge i can not file petition within a year is also disturbing me, Is there legelly any way by which i can refuse to go to that house thats what my will is.

2) Does legelly that overage nd divorcee person have rite to take me back forcly?

3) Now mutual discussion, i have given him hints regarding all and he told me that he would spoil my entire life completely as they are having some relatives very familier with courts.

4) Is case of adultery be filed while we are not having any intercourse and may be medically we can prove it or not?

5) for annulment of marriege what kind of evidences required?

Thanks

Anu   29 March 2016

Hello vijay Sir and all respected lawyers,

1) As for as evidences are concerned, I am very poor with it, far to my knowledge i can not file petition within a year is also disturbing me, Is there legelly any way by which i can refuse to go to that house thats what my will is.

2) Does legelly that overage nd divorcee person have rite to take me back forcly?

3) Now mutual discussion, i have given him hints regarding all and he told me that he would spoil my entire life completely as they are having some relatives very familier with courts.

4) Is case of adultery be filed while we are not having any intercourse and may be medically we can prove it or not?

5) for annulment of marriege what kind of evidences required?

Thanks

Vijay Raj Mahajan (Advocate)     29 March 2016

One thing that really irritates me when someone say he/she has relatives familiar with court, what such person wants to say?

In Court even the judges follow the Rule of Law forget anyone else and no one is above law of the land, just one should ignore such foolish remarks, we the practicing lawyers given more than half of our life to legal system still do not boast or behave as if we can do anything we want to do in the court but follow the procedures and process laid down for all to follow.

Your husband is misbehaving with you need to mend his ways and behave like a decent man otherwise he can be in big trouble one day. Tell him to consider the divorce by mutual consent to end the marriage that will be best for both of you.


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