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B .Dey.... (Job)     16 April 2013

Divorce

 

Dear Sir,

 

My father deserted my mother a long 20 years, when I was a 10 yr old (in the year around 1992 )along with my 5 year old sister after a severe physical torture. After being hopeless my maternal uncle and my maternal grandfather took my mother along with me and my sister after failing to ensure the safety and security of my mother ,me and my sister. Being a lower middle class village woman , my mother didn’t want a divorce as of now because of her superstitious social misconceptions. My father did not at all shown interest in us and never contacted us back till we left for last 20 years and didn’t bear any cost ofour living and education.

 

Recently i have to visit my father for some document of proof for my official purpose, and eventually i found , he got married again and also have a girl child. My mother, me and my sister got very disappointed after knowing this. Since we (Me, my mother and my sister) are still struggling with our career for our daily living hood this incident shook as we were still expecting my father will come back after rectifying himself.

 

My mother want to lodge a divorce and want a permanent separation of my father form our family (Residing in my Maternal Grandfather’s House since my father deserted us), so that me and my sister don’t get into any trouble or further contact from my father.

 

As he has a second wife and a girl child can they claim my assets and other property claiming a complaint that as a elder son i did not took care of my father?

 

In this case what can be the best way and ground of a divorce, and we don’t want our father to come to my mother for the proceedings. Want the proceedings from my father’s staying place.

 

How much time it will take for the proceedings?

We do not have any claim from my father we just want a divorce.

And of course it was a village marriage in front of the relatives my parents dont have any marriage registration.

What are the documentation procedure ?

Please help.

 

 

 

 



Learning

 7 Replies


(Guest)

Simply put.


Aapke daddyji andar jaayenge, lambi.


As you have proof of his second marriage without divorcing the first wife, which is illegal.


If you wish so, your mom can file a case against him.  One desertion, second adultery/bigamy[two two wives].


But all these am telling vaguely, as you have not mentioned your caste/religion etc.


Rest after you provide such details.


Regards,




(Guest)

adultery nai clear case of bigamy..but that's not the point.

1. File for divorce on desertion.

2. Your step sister will have a part in your father property but not yours.

Ranee....... (NA)     17 April 2013

your mom left her matrimonial home with kids.So your mother has to prove physical torture which is not possible after 20 years.Mcd is the route-i think.

vinay.g (sales executive)     17 April 2013

am i a hindu caste kuruba staying in bangalore got married with shilpa on nov29 2012 but she told that she is loving avishn since 3years after the marriage with me she told all of my family and her family gave addvoice to her on that matter but she not listen to any one so now she went to her home on that day so how can i apply divorce to her   

vinay.g (sales executive)     17 April 2013

can i apply divorce with in 6 months from the date of marriage

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     19 April 2013

@ author Vinay,

"she is loving avishn since 3years "

Is there is any proof except oral statement ?

Whether ur marriage is consumated ?

B .Dey.... (Job)     20 April 2013

no one can forget the beating? Just suggest how to get rid of this situation and get rid of his further possible disturbances? we do not want any nuisance caused by him in future. No need of proof of torture as he has desserted us?

Please tell us how to terminate the relation without causing him inconveniences and we dont want to bear any maintenence in future. What is the Do's and Dont's?

Please suggest


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