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(Guest)

Irretreivable break down of marriage

Hello all,

 

Can  you please clarify if a man can file a divorce petition under "Irretreivably Broken Marriage" clause?  Can you please give me some additional info on what it means?

 

Thank you,

Srini

 



Learning

 15 Replies

Arup (UNEMPLOYED)     18 January 2011

HE MAY PRAY, BUT NO USE BECAUSE SC ALREADY TOLD THAT THE POWR TO SANCTION DIVORCE ON THIS GROUND VESTED ON SC AND NO OTHER COURT OF INDIA.

"Irretreivably Broken Marriage"

"Irretreivable  means that

Arup (UNEMPLOYED)     18 January 2011

 

Irretreivably Broken Marriagearriage -  Marriage broken automatically by virtue of it's own.

Irretreivable  means, -  that  cannot be retrived or restored (adj);

Arvind Singh Chauhan (advocate)     18 January 2011

Agree with Arup Sir.


(Guest)

Arupji,

Thank you for clarifying. 

 

Can we file such a case (IBM) in a forien court, since the marriage is truly broken (for several years) and all efforts to get it together never worked?

 

All your help is appreciated.

 

Thanks,

Srini

Avnish Kaur (Consultant)     18 January 2011

depends on divorce laws in that country.

Avnish Kaur (Consultant)     18 January 2011

which country the couple lives at and how many yrs separation?


(Guest)

Thank you Avnishji for responding.

 

I live in US but my wife lives in India and the problems have been going on for more than a decade.  All my efforts went in vain.  We have not been communicating for more than 6 years now.

 

Regards,

Srini

Avnish Kaur (Consultant)     18 January 2011

citizenship? indian?

how long are u living in usa continuosly?

any family members/parents in india?


(Guest)

Citizenship  : Indian

Living in US for six years

Living alone in US but my siblings and parents live in India.

 

Thank you!

Srini

Avnish Kaur (Consultant)     18 January 2011

even if u get divorce from US court , it will be challengeable in Indian court.

Arup (UNEMPLOYED)     18 January 2011

better you pray at indian court.

but indian court famous for lingaring the case.

mutual divorce suitable to you both.

have you any contact with your wife direct or indirect? if so, prepare her for mutual divorce.

lawyers available in this site.

if you approch they will respond you.


(Guest)

Hello Arupji / Avnishji,

Thank you for your responses. 

I understand that it is possible to challenge a foreign divorce decree in India court, but if I apply divorce for desertion, then what are the chances of the Indian courts upholding the foreign decree (if I can prove in Indian courts that it was a case of desertion).

As Arupji said, the Indian courts are taking too long.. besides the other party can play too many tricks to prolong the case.  In fact, they just want to sit idle and let me earn so that they can get bigger chunk of money.  And hence they are not ready for any mutual divorce either.   It is very unfortunate but that is what is going on in my lilfe.  And it is a clear case of desertion mixed with harrassment.  And, the marriage is broken and I believe there is no more mutual trust, and it is irreparable.

I know I am asking too many questions on the forum itself but I am ready to take advice of the attorneys from this website itself (via paid consultation, if required) but before I do that I am trying to understand the situation.


I appreciate all your help!

Thank you.

Srini

 

 

 

Sanket Sharma (AM)     18 January 2011

Any chances of passing Hindu Marriage Ammendment Act 2010 in Budget secession

Arup (UNEMPLOYED)     18 January 2011

Any chances of passing Hindu Marriage Ammendment Act 2010

 

- no. not posible.


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