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Aliasger Matiwala (Manager)     19 May 2015

Legal procedures for getting a divorce

Posting this on behalf of a friend.

Need advice on divorce procedures based on the Hindu Marriage Act, 1955.
Her marriage is a mere compromise. She loved someone else, but failed to convince her parents and was forced to marry someone else. Her husband abuses her emotionally and has physically abused her a couple of times too. He threatens to kill her quite often. She can't file a police complaint against him either because of his influence in most of the police stations around. Her parents aren't willing to offer any support either. She doesn't love him, neither does she allow him to have any physical relationship with her.

What grounds could she divorce him? What precautions should she consider? She wishes to divorce him. The husband, however, shall refuse.

Also she's in touch with her lover who would like to support her through this. Could he be in any kind of trouble? Is it safe for them to meet or talk over the phone? What could her husband do make things worst?



Learning

 3 Replies

sandykrish (Interested in Family LAW)     19 May 2015

@Author until and unless she obtain divorce, she wouldn't able to meet her ex BF, though he might be kind enough to shower the emotions or satisfy her physically, he would be exposed to section 497 of IPC if proved wrong then subjected to Jain. So the only option left to her is to come out of this relation through Mutual Consent Divorce, or a contested divorce if the husband is hell bent the case might drag to 7 to 10 yrs. If you are the guy who wants to have relationship with her, think over the consequences.

Dr J C Vashista (Advocate)     20 May 2015

@ Aliasgar Matiwala,

1. How you are related to the query, please come out openly for a better opinion.

2. She has to forget her boy-friend and accept the reality of her marriage with her husband and reconcile, live and enjoy with the present, forgetting the past.

3. Even if she is adament to join her boy-friend (who may be supportive at this stage-may turn around after divorce with her husband-consider the situation for your so called "friend"), she should not have (rather totally disallow) physical relation with her husband.and insist on annulment of marriage.

4. Consult a local lawyer for further advise, guidance and proceeding in professional manner.

T. Kalaiselvan, Advocate (Advocate)     21 May 2015

You wanted opinion/suggestions and advises from exdperts of this forum to do a wrong thing, right?  You may answer Dr. Vashista's questions if you are interested in getting opinion or take the help of a local lawyer and proceed as per his advise. 


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