manjeet (teacher) 10 February 2012
I am physically chalanged person and got married 1.5 years later. i have a one 8 months baby. My wife does not understand my feelings and my ways. we are opposite in thoughts. so plz advice me on how we can get divorce and what procedure for it. how mouch i will need to pay for my wife and son. Now my wife is also agree for divorce. we not have marrige certificate yet. plz advice me....
Chaitanya_Lawyer_Mumbai (Lawyer) 10 February 2012
Marriage certificate is just one of the proofs of marriage,wedding photos are proof enough.
You can get divorce by MCD(Mutual Consent Divorce).
You need to file a joint petition in district court with mutually decided terms(Maintenance,child custody etc.).
After 6 months,second motion have to be done.Then court will give divorce decree.
dr.pawan rajyan (member and secretory) 10 February 2012
go for MCD.
manjeet (teacher) 10 February 2012
one another problom is when i married the parents of my wife told she has completed 18 yrs age but after that i know that she is 17 yrs and 9 months at the time of marrige. plz will i face some problom or not when going for divorce.....
Chaitanya_Lawyer_Mumbai (Lawyer) 10 February 2012
No.it will not be an issue in divorce case, considering you was ignorant of the fact.
There is a provision for punishment but is hardly used by courts.
| 18- | Punishment for contravention of certain other conditions for a Hindu marriage. |
| Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) and (v) of section 5 shall be punishable- |
| (a) | in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both; |
|---|
manjeet (teacher) 11 February 2012
what docouments i need to enclose with my case ? how much maintance money i wiil need to give my wife after the divorce as my monthly income is around thirty thousands ? what is about child coustody ?
dr.pawan rajyan (member and secretory) 11 February 2012
photo/ pramanpatra , shaadi jo aryasamaj mandir mai hui pryav praman hai.marriage in aryasamaj is valid.
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 12 February 2012
Bad luck manjeet, Feel very Sorry ::
Instead of supporting you, a fight!!.
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