Divorce in special marriage act

@Shameless crook

 

Once you lost your girl friend, you have no right to get into her married life. Keep your hormones in control. Let her live in peace, she will find her place if you stop pestering her. If you are a man, you would have got her a while back. Now its over, dont poke your nose into their business.  

 

Now also you are trying to find a way to escape, that means something right?

Dear Sir,

i m the reason to put her in such a situation i agree with this, i don't wanna see her in that stressful/mental situation any more, so trying to rectify it.

 

any other advice please.

@Karthik

Bro, you are very young, don't get yourself into trouble. Leave her alone for sometime. She will be fine. Let her fight her own battle. You dont try to be a reason for breaking a marriage. Keep your focus on studies. If she can not adjust then she will come out of that bad marriage. You simply stay away.

You did not get her married right? She is part of it, she did it on her own!! So dont feel guilty. You have already made one mistake by losing her now dont make another mistake by getting in her path. Let her deal things and if its written in your fate, then she will get back to you. For now keep calm and stay away from her for the time being.

Be strong, everything will be alright. Don't get yourself in trouble.

The answers to your questions are as below:

1.      Second marriage without divorce is bigamy. It attracts criminal as well as civil action against the wrong doer..

2.      She has the liberty to file a petition for nullity of her marriage as it was without her consent and by force. This type of petition must be filed within one year of the marriage, if she does not then she cannot file a divorce petition as she does not have any grounds to do so, except for mutual consent. Also be aware that, the proceedings for nullity of marriage can be long drawn and may take few years.

3.      Yes, if she desires, she can stay away, but he cannot force her to live with him.

4.      Once a marriage, always a marriage with registration or without registration.

Originally posted by : Adv.Vandana Vaidya
	The answers to your questions are as below: 1.      Second marriage without divorce is bigamy. It attracts criminal as well as civil action against the wrong doer.. 2.      She has the liberty to file a petition for nullity of her marriage as it was without her consent and by force. This type of petition must be filed within one year of the marriage, if she does not then she cannot file a divorce petition as she does not have any grounds to do so, except for mutual consent. Also be aware that, the proceedings for nullity of marriage can be long drawn and may take few years. 3.      Yes, if she desires, she can stay away, but he cannot force her to live with him. 4.      Once a marriage, always a marriage with registration or without registration.

Dear Madam,

 

Thanks for clarification.

If she file a petition for nullity, what are the evidences required for that petition to prove.

Approximately how many years for nullity proceedings.

In case if Her husband agree for MCD after 1 year then she can withdraw Nullity petition and Both can file MCD?

 

 

Thanks

Kartik,

I think yo have mentioned her to be a Muslim lady, o if she was forced by her parents to marry a groom of her choice, he has to be a Muslim person too(?), if this is true, the easiest way out is that if she can brave her parents, community people including her in laws, she can convert herself and embrace Hinduism, thereby she automatically stands losing her marriage and married life, thereby the marriage performed under Muslim Marriage law stands nullified, after which you both can decide about next course of action.  However, give a deep thought  before advising her of some wrong moves;

before that I would like to remind you about Stalker's few words "Once you lost your girl friend, you have no right to get into her married life. Keep your hormones in control. Let her live in peace, she will find her place if you stop pestering her. If you are a man, you would have got her a while back. Now its over, dont poke your nose into their business.  You did not get her married right? She is part of it, she did it on her own!! So dont feel guilty. You have already made one mistake by losing her now dont make another mistake by getting in her path. Let her deal things and if its written in your fate, then she will get back to you. For now keep calm and stay away from her for the time being.  Please go through these words again and again before deciding on next curse of action for a better future of you both.

I dont agree with Adovcate Kalaiselvan. If the woman here changes her religion, marriage does not dissolve automatically. She has to still take divorce. 

First I agree with Adv. Vandana for legal responses to your querry.  Next I agree with Dr. Jyoti vishwanath.  I differ with Adv. Kalaiselvan's legal advice and say, for the purpose of snapping the matrimonial relationship, if any person converts to another reliegion, he/she cannot get the benefit of his/her conversion, where as the opposite party has got a right of obtaining divorce decree on the ground that his/her spouse has converted to another religion.  In this case, the lady cannot get divorce by converting herself from Muslim religion to Hindu religion, but if she really converts her husband can get divorce on the ground of her conversion.

@ Dr Jothi Vishwanath and @ Adv Chandrasekar; I agree with you that I had not given the correct version of divorce under muslim marriage act, 1939,however to his query under PMI have given the proper reply which is reproduced below:Under dissolution of Muslim Marriage act, 1939, apostacy from Islam by Muslim wife would not by itself operate to dissolve her marriage but she may file a suit for dissolution of marriage on any one of the grounds mentioned in the said Act (Sec-4). If a woman converted to Islam re-embraces her former faith it will operate as a complete dissolution of the marriage.  I rectified the querist with the proper answer, I hope I have answered properly (?), thanks for pointing my mistake, shall be more careful in future while answering.

Legally, Vandana and Jyothi have given you sound legal advice. As you can see, none of the lawyers and advocates will call you right or wrong becauase you because you are the best judge of your situation, so stop blaming yourself. However, please consider the socio religious outcomes for the girl of whatever step you take.

Dear Sh. T. Kalaiselvan, I always savour your legal advice as they are quintessentially sagacious.  Due to a few of y(our) tribe in this profession,  imbibed with the values of honesty and integrity, it is still respected highly.  Warm regards.