Divorce

what to do? it is only to protect the interest of the couples.  One who wisely use them will gain.,  One who sleeps on his rights will not get any relief from the courts in india.

coming to your query  I  advised on  indian law.

if you are a hindu the hindu marriage law will apply.  that too your marriage is not completed one year.  Within one year you could not be able to proceed.  otherwise you can get a relief.  Kindy consult a local lawyer

Thanks, yes my marriage is registered under hindu law. well i have talked to local lawyer in punjab he advised just wait and don't take any action against the girl's family as if i do that they can lodge some dowry or any other case on us. 

also the thing is the girl's family is spreading so many lies around the community which is not helping me in this situation. that's why i am here as its panel of very qualified lawyers which can direct me into right direction

Hi, One of my friend got married before 6 years and for the last 2 years her husband left her for no reason.  For the last few month we could not trace out him that where he is staying.  She mentally harassed by her husband and her in laws, she lost her dowry also & they dont any have any children. She want to divorce him.  what is the procedure for the same.  Kindy inform as soon as possible, its very urgent.

Suggestion for next time; pls. start new thread with any que. you may have on behalf of your friend as your que. if posted into someonce else started thread it may get missed noticed by us for want of answer......

1. Hire a family law expert adv. locally where your friend lives.

2. File a Petition for divorce under S. 13 (1) (ia) (ib) [cruelty n desertion]  and service it to his last address as well as to his home (pmt.) address and also to in laws address.

3. Menrtion all true facts of cruelties / desertion resulting into 2 years desertion and also pray for maint. U/s 24 HMA in case your friend is not working.

4. After due process of law supported with substituted 'service at the end' chances of getting divorce ex-aprte seems high probability based on your brief before us and after 90 days waiting during ex parte decree in divorce proceedings your friend is free to seek her re-marriage and start fresh in life.

Ask her to start her journy first by following para 1 first

Come back here in a new thread for "return of stridhan" under civil proceedings as well as for order(s) on issues of "permanent alimony" but only once there is some headway in 'servicing' the hinted petition for divorce and possible subsequent Orders of court made aware to us.

All the best may she get speedy relief.

Hi Stell Usha, Can you please start your own thread as i am trying to get help for my own issue.

Team can you please put some shadow on my situation. thanks 

@ Author

1. Your local lawyer in Punjab and Mr. Ganeshan has given sunshine advise and in case you are not satisfied with these two advise then come to Punjab and do as in - person communication with wife and her side of family and also with the community where rumors about you are being spread as opening in-person communications is always better to sort many a marital differences instead of trans - Pacific phone / web conferencing which probably you may be opting now and then to sort your internal mess.


There is no other professional advice which may be given to your young issue given to understand presented situation before us.

BTW why you wanted shadow instead of sunshine into your problems !

Thanks Mr tajobsindia for your suggestion. as i mentioned  i am based overseas and just can't leave my work and other things just to come to india. well i thought this is professional forum so needed professional advice.

thanx a lot for your immediate reply.

Hi ..

Me and my divorced husband divorced mutually one year back but living together.I wont claimed anything at that time as i was in the job at that time.Even my jwelleries(given by my inlaws) are still in the locker of my inlaws. we got married 5 years back with no kids. But now my husband forced me to go back to my parents house.

I dont understand what to do now. please suggest me what can i do for this.

Thanks

@ Author (Pooja)


1. Actually nothing can be done in your case other than going back to court and starting fresh all over again.

You are committing 'FRAUD" upon court nothing else.


The moment you now go back to court with any of your so called 'gospel truths' court will not take them lightly and earlier mutual consent divorce given will be declared null and void in collateral proceedings.


You should have first with "open eyes" agreed for terms and conditions for mutual consent divorce knowing very well all your stridhan with them and then you were are also aware of your alimony rights (at that time working not working are all matter for contest / may have been included in terms and conditions of MCD but your rights under alimony - residence does not go away if you were working that time just like that wihtout any observation from Court) all those should have been then settled first before MCD decree is requested from Court and top of all these you both after MCD are cohabiting (1 year proved is resonable preassumption for that) as husband and wife in the eyes of society !


Courts are not for time pass as made to believe with such briefs and wives (ex or to be exed) sahould not resort to such open falsehood and frauds.

Your briefs reminds of me of recent SC case laws very much fitting on your query

Supreme Court of India
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1635 of 2011
(Arising out of SLP(Crl.) No. 7787 of 2010)

Inderjit Singh Grewal …Appellant

Versus

State of Punjab & Anr. …Respondents

There is no remedy in your brief except made to go back to square one position and start cases all over again.

@ Karan,

Please be in touch with a competent lawyer at your place of residence in India and also at her place of residence in India. Searching for a lawyer at last minute would mean loads of expenses.

Regards,

@ Usha,

File a case for divorce and if no notice is served, go for publication, then she would get ex-parte divorce.

@ Pooja,

I agree with tajobs.

adviced to keep quite for few months. 

try communicate & expl ur in laws that u naver marred anyone else, nor have any out of marriage relationship, nor do i wantto spoil our relations. 

ask them to investigate on matters  & their informants, why those want to spread rumours and what is their motive. 

Try to find out root cause of misunderstanding& dispute if any, 

Ask your in laws to help doing so, in the interest of saving your marriage  & bring peace. 

TRY ALL  YOUR +VE ATTITUDES & WAIT FOR RESULT.