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Rajesh Kumar jakka (Assistant Manager - Accounts)     26 March 2013

How to get divorce

Dear Expert,

Please let me know the solution for the problem being faced by my close freind, who is suffering to get divorce from her husband,

she is a brahmin girl and the husband is muslim both are indian residents and have got married 3 years back and that marriage was also happened because of that muslim boy's pressure and that girls father was expired at her child hood, her mother looked after her till that time.

this boy is a relation of her (boys father is a muslim and his mother is a brahmin (inter religious marriage)) and hence forced her to get married, after 5 years of torture  finally the girls mother also suggested to accepte the proposal,

she got married with out love and her acceptance and now she is working and she is earning and every month she has to draw the total salary and give to her husband and for her maintenance only 1000/- will be given and as she is a brahmin girl, she likes to do the pooja to Hindu Gods which he does not like and every time he argues with her for not doing such activity.

now the girl wants to have her own life with out him and hence as a true freind of her i am request you to kindly advice how to go for divorce, when that fellow does not want give divorce.

 

please advice,



Learning

 3 Replies

Advocate M.Bhadra   26 March 2013

This is not a matter of divorce,if the said marriage was not registered under Special Marriage Act 1954,then it is void marriage as the both spouse are separate religion.But to file a suit for annulment of marriage on nullity ground which is barred by limitation.However, your friend can file a Suit for Annulment of Marriage with a Petition of u/sec.5 Limitation Act.

Rajesh Kumar jakka (Assistant Manager - Accounts)     27 March 2013

thanks for your early reply and that marriage is register as per spcial marriage act 1954 and they got marriage certificate also, hence i request you to kindly advice to get the divorce and procedure to be followed,


(Guest)

You dont have ground for divorce.


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