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Priya (Manager)     21 March 2013

Nri husband

Legal husband stays abroad. Got married in August but his behaviour changed from next day. Went through domestic violence of mental torture immediately. I moved to bangalore since my leaves were over. Eventually, he went back to US for his job.
I tried calling him, sent him number of emails and whatsapp messages but he didnt ever respond. Even if he did, was very rude. Spoke with his parents and they told me I will have to take a lower step because I have entered their family and it is my duty. I tried doing that as well. Promised him to do everything he wants. No go.

It has been 8 months now and he is still the same. I have heard that after marriage, there is some specific period within which u can cancel the marriage as in... annulment of marriage which will save my time from divorce procedure.

Typically, I should lodge a case of section 498A on him for domestic violence, but I want to cancel the marriage as if it didnt exist.

Can you help me with a strong lawyer who would help me get rid of this man and get me justice for the pain and tears I shed for 7 months for no mistake of mine?



Learning

 20 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     21 March 2013

I believe that it would not be possible for us for to help you with so little detail and that too over this medium. It is highly advisable that you get in touch with an Advocate personally so that he is in a better position to guide you in this matter.

Priya (Manager)     21 March 2013

So, can you suggest any strong lawyer in Pune? I will contact him personally.

Tajobsindia (Senior Partner )     21 March 2013

1. Your brief does not spell out grounds for annulment of your marriage at all. Your options are pointing to adversial usage of criminal laws (minimum 3-5 years in court you will spend) OR via Mutual Consent Route (in minimum 6 months flat you are free) provided it is filed after completion of one year of marriage i..e keep yourself busy with whatever you are currently doing forgetting him and approach via reference local lawyer sometime in Aug. 2013 and file mutual consent divorce after discussing terms and conditions with him (husband) and he (husband) can depose via PoA or via video conference route sitting overseas and quick / fastest divorce will be granted to both of you. Further for picking this option you have to sacrifice all your future dreams of property, alimony etc. from him as it is you who is seekign quick divorce. 
 
2. You could have filed domestic assault charges upon him while in
USA
during your living with him there and would have got better deal.

From para 1 choose option which you have patience for.

PS: The moment you reply to my views I’m sure dozen ld. brothers from Pune themselves will contact you via PM so have patience till then and suggest not to reply to my opinion
Reasoning: Your case is pointing to usage of adversial laws though I suggest softer option but your mind and your proposed circle of adviser will cloud you eventually to use adversial laws to taste mirage of freedom ……..
J 

Priya (Manager)     21 March 2013

1. I have not even spent 2 days together with him. When he was in India, after our marriage - he was always with his friends and parents. Case of ignorance and mental torture.

2. I never stayed with him in US. I have not left India. It has been 2 months that my police clearance is received for spouse visa. He has still not registered a file to get my visa done. Again, I think he has plans to torture me this way so that I apply for divorce myself and he gets away with it.

This is his second marriage. His first wife had left her marital home in 1 month after marriage. She had lodged a case of 498A on him and seeked divorce. I am thinking of doing the same.

I want to discuss my case in detail. Who can I contact in Pune?

Reformist !!! (Other)     22 March 2013

Another vicitm of false 498a.....

I go with tajobsindia, dont make him a 498a victim, ask for mcd 

Reformist !!! (Other)     22 March 2013

This is his second marriage ??? 

That means it was ur 1st marriage or the other way around ?? ie are u a divorcee too ?? is this ur 2nd marriage too ??

Priya (Manager)     22 March 2013

@Everyone -

1. YEs, he is a divorcee. YEs, I am a divorcee too.
2. It was an arrange marriage. His first wife had booked him under 498A and she was granted divorce since he pleaded guilty. So, he has a track record.
3. When I had spoken with him for 3 months, he did seem normal to me and my family thought the girl might have just made him a victim. But I realised her state of mind when I too went through the same situation.
4. Doesnt annulment hold true if both the partners do not stay together for a specific period? He hasnt stayed with me or spent time with me for even 2 days. So, isnt this a valid ground in itself? Should I have another stamp of being divorced for no fault of mine and he was not interested?
5. Immediately atfer marriage after the marriage was registered... he told me he married me by mistake and has no feelings or does not want to continue any further.

So, what do you suggest? I do not wish to take second stamp of being divorced as this time I have put in 300% efforts. I have proofs that will show that he has been inhuman enough not to pay heed to my efforts and torture me while still being in US.

Please advise.

Reformist !!! (Other)     22 March 2013

you can go for marriage annulement. 498a will keep u both engaged in courts for next 5-6 yrs. so go 4 annulement

Priya (Manager)     22 March 2013

As per my understanding Annulment is different than divorce right?

Also, what is the procedure of getting it done?

 

CAN SOMEONE PLEASE HELP ME WITH A GOOD STRONG LAWYER IN PUNE?? I HAVE NO INTENTION TO KEEP MAKING TRIPS TO THE COURT EVERY NOW AND THEN.

dv (ghvhb)     22 March 2013

Tajobs sir Can I get you phone number

Tajobsindia (Senior Partner )     22 March 2013

What torture!

Recently Mumbai HC said when no domestic relationships between couple NO Domestic Violence Act complaint sustains and there goes for a toss idea of filing a domestic violence act complaint (in Pune as it will be dismissed) and further the moment you attempt to file even S. 498a IPC dreams of yours (trans-atlantic torture) too all being built up for living with him in your own words in your brief just for 2 days it will also go for a toss!

What we are discussing here now? Kindly go to
Trail Court
in Pune there you will find dozens of advocates willing to take your 2 day old story and convert into template pleadings and then after years what you will get out of it – tag of divorce only nothing else.

Annulment in your case is out of question as grounds are below and thus you have NONE I repeat NONE;

1) Either spouse was already married to someone else at the time of the marriage in question;


2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);


3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;


4) Either spouse was mentally incompetent at the time of the marriage;


5) If the consent to the marriage was based on fraud or force;


6) Either spouse was physically incapable to be married (typically, chronically unable to have s*xual intercourse) at the time of the marriage;


7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.


8) Prisoners sentenced to a term of life imprisonment may not marry.


9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a s*xually transmitted disease)

Also note via Mutual Consent Divorce of a 2 day old marriage is better tag and today in contemporary India 'divorce' word is no more 'dirty' word especially to a lady who second time has got out of it MCD it is fastest and almost least expensive and only three times going to Court compared to a sightseeing of Courts the moment your advocate builds stories upon stories around 'torture' theme. 

Talk / think this time 300% from head not elsewhere on giving 'just' finishing gift to your brief.

2 Like

Manish Udar (www.Mehnat.IN)     22 March 2013

Tell him to nicely give mcd otherwise you will bomb him.

www.mehnat.in

Priya (Manager)     22 March 2013

Okay.... and how can I bomb him? Any ideas?

ragz hyder (PM)     22 March 2013

You can apply for RCR and if in one year he does not join you you can file for divorce.


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