Need help for divorced or annuled marriage

does your friend wish to obtain a divorce ...?

Sir

Thanks for your reply, he dont want to continue life with her & he is looking way for same but he is totally afraid if she will file any fake complaint on him

Please suugest

Pl ask her to go for a divorce by mutual consent so that the procedure is easy and your friend will get relief within 6 months. If not , I dont see any ground based on which your friend can seek divorce.

She is not agree for giving an torturing him constantly,  he dont want to bring her due to her wrong behaivour 

you can file a case for wilful desertion as a ground for divorce, but requires proof.

Hey Vivek, A registered marriage is a valid one in the absence of ceremonies...

The lady is the legal wife of your friend. He has to file a divorce petition. There could be a number of grounds available.

Regards

Chetan(dot)7679(at)gmail(dot)com

Hi Friends,

Which grounds should be file for my friends case ? also please suggest which types of proof  required  for proving desertion, she completed her education by staying her maternal home  which is in different city ?

Thanks

VIvek

Qeustion to Vivek, Let us take all practical circumstances and frame following questions.

To seek reasonable ground fo divorce:

1) desertion: Are they living separately without regular husband and wife relationship for more than two years? can that be proved that she stays at her will in different place than with her husband for xyz reason? If so, desertion ground can be taken

2) His pursuit to co-habitate to wife, but her wilful denial: If this can be proved, then it is cruelty meted to him by her, a valid ground

all other ground in the HMA section is invalid at this juncture as marraige passed more than incubation duration of 1 year. I mean the terminology incubation to initiate annulement or nullity.

So practically he had to opt one of the above ground.

Now coming to; how to pursue divorce

1) Ask your friend wriiten complaint to police station that she deserted willfully ( if only so)

2) record complaint but insist no action it is only Informational, and save copy ( see tajobs meaasge in this regard in this forum itself)

3) any evidence collection of her behaviour or willful stay through recording or any acceptable means to court

3) once above all met, file divorce on one of the ground, contest, no merit in waiting here for blossoming in deserts when you know it is completely arid in nature.

then comes litmus test to see the soarness of sweet heart,

498a and DV, plan to handle them well

all the best,

Mani

Hello Mani Sir,

very very Thanks for your valuable responce,

3 years completed for register marriage  they are not live together even 1 day, they just put register marrige Now he is repenting because that was hastily decision. 

Hello Friends,

He is constantly tried to reached her by phone or SMS but she is not responding, also we had meeting with her brother and Family but no result & she denied to come with him also denied to give MCD.  can anyone suggest to us How I will prove it she deserted him, I was also in meeting  Can I give statement in court ? will it be Valid ? she was staying there in the name of education but actual reason is still blind. 

We did not get any Valid Ground  and how  we will prooved it?

Thanks

VIvek

who said your friend had no ground.

1) Not cohabitating after marraige is cruel to husband for denial of S*X - Ground for divorce

2) 2 years desertion is valid ground for divorce.

3) Yes you can be part of the witness

4) more solid evidences required, did you haev any please PM or put it here for experts to suggest

even SMS is valid evidence if you preserve it in original form, take all call history made to her/family members.

record convesrtaions also which describes her willful stay for education ro whatsoever reason. more than 2 years continous stay outside marraige is ground for divorce even if reaosns are valid

Hi,

My friends going to file divorce on ground of disertion but he is much more worry  because definately she will fire any wapon like 498 or she will demand maintance from 1st day of register marriage (she didnt live even 1 day in matrimonal home), Local advocate suggest us to file RCR 1st but now he dont want bring her, we tried before to convey her and her family lots of time but no result, Now our final decision to take Divorce in any condition. Can experts suggest me to protect our self before doing anything 

Regards

Vivek

No confusion, file divorce directly. RCR is useless for women who is adamant not to return to matrimony life. There are advantages in this case.

1) Divorce filed will save time and money in terms of RCR etc etc

2) more chance to quash post 498a

3) 3 years willful separation is advanateg to your friend and if you can proove

4)anyway one has to be prepared for 498a and DV, both can be easily tackled as no doemstic relationship for three years