Divorce

Originally posted by : Satish patil
	My name is ayesha I was married in 12 Nov 2012 so reason is before marriage my family told me he is well educated and salaried person with good environment in his family. After marriage I realize he is jobless and always fight with slap to me. So after 1 month I left his home. Now I am working in metro city. My family also not accept me because this reason. So want divorce from him. What to do please suggest it's humble request.

Your query says you are woman, but your name is male. Pls clarify.

You can apply for divorce u/s 13b of Hindu marriage Act and take divorce in 6 months time provided husband gives his consent.  If he is unwilling, then you will have to go for regular divorce, you contact advocate locally and frame allegations and based on those you can ask divorce.  Court will look into matter and decide whther divorce should be given or not.  This process takes 7 to 9 years to get over with, by end of it you might as well not get divorce at all, cant say.

For the effort that I have put in replying  your query I need you to click on the like button here or on my profile page by visiting it, whose link is given below.

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Query reflects being from a woman; username, a man; Oops, post from Ayesha, so prima facie governed by Hindu Marriage Act, after all Ayesha is a common Hindu female name!

"frame allegations" - I loved that part.

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Originally posted by : Satish patil
	My name is ayesha I was married in 12 Nov 2012 so reason is before marriage my family told me he is well educated and salaried person with good environment in his family. After marriage I realize he is jobless and always fight with slap to me. So after 1 month I left his home. Now I am working in metro city. My family also not accept me because this reason. So want divorce from him. What to do please suggest it's humble request.

I appreciate your thinking and effort that instead of filing cases on your husband you start earning on your own.

You should  talk to your husband and convince him to give you divorce through mutual consent else be ready to face case/s under various sections. For this purpose you may take help of CAW Cell.

Yes Sachin. Women who get really cheated look for a job and mind their business, other categories resign their jobs and frame allegations as Atul has expressed.

@ Sachin 

My foot 

So you want her to file 498 a case without any evidence  .In court Dadagiri i does not work but based on merits the case is decided .So stop giving vague  ideas to people about filing false cases and CAW cell.

@ ayesha 

So you left husband in the year 2012 and working in metro city . Looks like now you also must have found a boy Freind in Metro city to support your emotions as your family does not support you . and you must be wanting to get married .

Contact husband and tell him that you want mutual consent Divorce . If he agrees fine . If he does not agree than ask him how much settlement he wants 10 lacs or 20 lacs and if he agress pay him and take mutual consent divorce . 

Alternatively you can file contested divorce and the case will drag on for 7-9- 12  years or more first it would be trial court or district court , than high court and last of all supreme court . Till than your hair would become grey and all your savings would go towards lawyers fees . By than you would be aged and would not be in a position to bear a child . due to age factor and divorcee tag your prospects of getting married are reduced . Hence be humble and ask for MCD and settle matter or else new boy friend will use you and dump you 

Originally posted by : Satish patil
	It's Satish but that one my friends question. She request to suggest. Main part is she is "Muslim" then what to do.

I repeat my advice to approach CAW Cell they are the masters of mutual settlement 

Originally posted by : stanley
	@ Sachin  So you want her to file 498 a case without any evidence  .

No, I am simply saying that a man who marry a women with malafide intention and after knowing this. a women who only wants divorce must get justice.

For your more information, As per Delhi HC, CAW Cell has no authority to register any case/ issue summon or investigation.

They can only issue " request letter for appearance" to opposite party. If opposite pary come they can talk about mutual settlement.

Delhi HC Held that

"I consider that CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation."

@ Sachin 

First understand that CAW cell is extortion cell and have no POWERS. Reasoning: read well the earlier Judgment of DHC and below are recent one on powers of CAW Cell

IN THE HIGH COURT OF DELHI AT NEW DELHI 13.08.2007

Present: Mr. Vinay Singh, Advocate for the petitioner.

None for the respondent.

Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007

This petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between father of the petitioner and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. I consider that CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed. SHIV NARAYAN DHINGRA, J. August 13, 2007 ______________________________

  IN THE HIGH COURT OF DELHI AT NEW DELHI 10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07 It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms. SHIV NARAYAN DHINGRA, J. August 10, 2007 ____________________________ IN THE HIGH COURT OF DELHI AT NEW DELHI 07.08.2007 Present: Mr. Tarun Sharma, Advocate for the petitioner Ms. Mukta Gupta, Standing Counsel for the state with Mr. Ahshal Mehtra, Advocate W.P.(Crl.) No. 1009/2007 Issue notice of the petition to the respondents returnable for 17th January, 2008. Notice is accepted by the Standing Counsel of the State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007. The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called. Dasti. SHIV NARAYAN DHINGRA. J. August 07, 2007 _________________ Here is the second judgment: IN THE HIGH COURT OF DELHI AT NEW DELHI 07.08.2007 Present: Mr.R.P. Yadav, Advocate for the petitioner. Ms. Rajdipa Behura, Advocate for the State. W.P. (Crl.) No.849/2007 Justice Shiv Narain Dhingra This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings pending before the CAW Cell, Amar Colony against the petitioner and his family members on the ground that the complainant wife has already made a complaint under the provisions of Domestic Violence Act in the Court of learned Metropolitan Magistrate, Patiala House Courts. Her allegations made before the Metropolitan Magistrate and CAW Cell are ditto. CAW Cell is an agency created to make efforts for reconciliation between the families before initiation of criminal proceedings on the complaint of the wife. The petitioner is at liberty not to appear before the CAW Cell. No coercive action can be taken by the CAW Cell, compelling an unwilling person to put in appearance before it. CAW Cell can conduct proceedings only where both the parties are ready and willing to join the proceedings voluntarily. I consider that there is no reason for the Court to pass any order in respect of proceedings before the CAW Cell as these proceedings are not judicial or quasi-judicial nor proceedings in the investigation of the crime. They are only reconciliatory proceedings. The petitioner is at liberty not to join the proceedings before CAW Cell. In view of the foregoing discussion, this petition is not maintainable and is hereby dismissed as such. Dasti. SHIV NARAYAN DHINGRA. J. August 07, 2007 

 

Originally posted by : stanley
	@ Sachin  My foot  So you want her to file 498 a case without any evidence  .In court Dadagiri i does not work but based on merits the case is decided .So stop giving vague  ideas to people about filing false cases and CAW cell.

Can you tell me where i have said to file case of 498a without evidence as alleged by you. 

I only said to talk about mutual divorce and officers of CAW Cell are masters of Mutual Divorce.

Originally posted by : Ramesh Singh
	What a intelligent wife, just within one month of marriage (assume arrange and or inter caste/religion marriage) jump into conclusion and leave husband, and, enjoy metro life, and after 4 yrs. Decide to divorce. I'll better not to post any suggestion so I agree with @stanley.

I disagree with you.

Think about that girl who after marriage came to know that her husband married her on false information regarding his employment and later on physically abuse her.

I ask you what should that girl do?

For me she is right, first she stand on her own feet rather then begging for alimony and after becoming financially strong she only wants divorce not anything else.

Originally posted by : autohide4u
	Why does Ayesha want divorce? Is there rush to marry again?

I think here is the reason:

https://www.lawyersclubindia.com/forum/My-married-husband-again-marrying-147888.asp