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K.Durga Srinivas (Service)     19 August 2017

Requirement for divorce

My daughter was married to a person in May 2016 .

Recently came to know that this person whom she was married to , has a relation with another girl for last 8 years. We are not sure whether he is married the girl - with who he has relation or not.

Now for us to go for divorce and to get compensation , we request the forrum members to suggest the legal ways.

Please note that 

  1. The boy himself has expressed that he is having relation 
  2. We have no proofs to establish the relation and / or marriage
  3. Now my daughter is not staying with the boy for last two months
  4. No physical harrasment done to my daughter
  5. Some of his family members are aware of the issue

Please suggest the legal grounds and proceudres that I should follow to get the divorce and recover the expenses spent for the marriage

Thank you in advance 



Learning

 12 Replies

Raveena Kataria (Advocate )     19 August 2017

In my opinion, your daughter is entitled to divorce on grounds of cruelty. As to the evidence of the affair, the testimony of the daughter's husband is sufficient as proof and if you have his admission in recording or writing, you would do well to preserve it.

Siddharth Srivastava (Advocate)     19 August 2017

If your daughter also desire then go for divorce by mutual consent.

Sachin (N.A)     19 August 2017

Originally posted by : Raveena Kataria
In my opinion, your daughter is entitled to divorce on grounds of cruelty. As to the evidence of the affair, the testimony of the daughter's husband is sufficient as proof and if you have his admission in recording or writing, you would do well to preserve it.

 

I disagree with the above advice.

Why will the husband will admit his previous affair in court ?

Even if he admit, having an affair prior to marriage is not cruelty.

Sachin (N.A)     19 August 2017

Originally posted by : K.Durga Srinivas
My daughter was married to a person in May 2016 .

Recently came to know that this person whom she was married to , has a relation with another girl for last 8 years. We are not sure whether he is married the girl - with who he has relation or not.

Now for us to go for divorce and to get compensation , we request the forrum members to suggest the legal ways.

Please note that 


The boy himself has expressed that he is having relation 
We have no proofs to establish the relation and / or marriage
Now my daughter is not staying with the boy for last two months
No physical harrasment done to my daughter
Some of his family members are aware of the issue


Please suggest the legal grounds and proceudres that I should follow to get the divorce and recover the expenses spent for the marriage

Thank you in advance 

 

In my view, if your son in law was not married to that girl, either your daughter should accept him with his past or she should convince him for mutual divorce, because you yourself stated that your daughter have not gone through any type of cruelty.

 

If you file any case against your son in law without any proof that will be waste of time. because responsibility to prove lies on petitioner.

There is no law in which you can get the complete marriage expense, your daughter can only claim her stridhan i.e gifts given to her at the time of marriage either from your side or from her in laws but again it also requires evidences. 

Raveena Kataria (Advocate )     20 August 2017

Hi! It's been clearly stated that the husband's admission to the wife or her family would suffice. Read my answer again! :) Nowhere am I suggesting that the husband go and testify in the court, mere recording of the confession would help if they had obtained it in the first place, which may or may not have been in the husaband's knowledge. I disagree with your ways, too, Sachin. Stick to try and helping others here instead of jumping down other user's throats.

1 Like

Sachin (N.A)     20 August 2017

Originally posted by : Raveena Kataria
Hi! It's been clearly stated that the husband's admission to the wife or her family would suffice. Read my answer again! :) Nowhere am I suggesting that the husband go and testify in the court, mere recording of the confession would help if they had obtained it in the first place, which may or may not have been in the husaband's knowledge. I disagree with your ways, too, Sachin. Stick to try and helping others here instead of jumping down other user's throats.

 

First try to respect other members of the form and don't ever use this filthy language again. 

Second learn the law and then suggest others 

Shame on your filthy language it  showed your cheapness on the forum.

Sachin (N.A)     20 August 2017

Originally posted by : Raveena Kataria
Hi! It's been clearly stated that the husband's admission to the wife or her family would suffice. Read my answer again! :) Nowhere am I suggesting that the husband go and testify in the court, mere recording of the confession would help if they had obtained it in the first place, which may or may not have been in the husaband's knowledge. I disagree with your ways, too, Sachin. Stick to try and helping others here instead of jumping down other user's throats.

 

How did you image that there is recording available of husband admission?

How did any  affair prior to marriage is cruelty?

 

Sachin (N.A)     20 August 2017

Originally posted by : Raveena Kataria
Hi! It's been clearly stated that the husband's admission to the wife or her family would suffice. Read my answer again! :) Nowhere am I suggesting that the husband go and testify in the court, mere recording of the confession would help if they had obtained it in the first place, which may or may not have been in the husaband's knowledge. I disagree with your ways, too, Sachin. Stick to try and helping others here instead of jumping down other user's throats.

 

I guess you are only hunting clients for your employer where you are working as an intern.

Sachin (N.A)     20 August 2017

Originally posted by : Raveena Kataria
Hi! It's been clearly stated that the husband's admission to the wife or her family would suffice. Read my answer again! :) Nowhere am I suggesting that the husband go and testify in the court, mere recording of the confession would help if they had obtained it in the first place, which may or may not have been in the husaband's knowledge. I disagree with your ways, too, Sachin. Stick to try and helping others here instead of jumping down other user's throats.

 

So, You client hunter read below mention lines ( specially point 2 ) and Tell how it comes to curelty ? and how you imagine there is recording available ?

Originally posted by : K.Durga Srinivas

Please note that 


The boy himself has expressed that he is having relation 
We have no proofs to establish the relation and / or marriage
Now my daughter is not staying with the boy for last two months                                                         
No physical harrasment done to my daughter
Some of his family members are aware of the issue

 

 

Adv Radhika Mehta (Advocate)     20 August 2017

Originally posted by : K.Durga Srinivas

My daughter was married to a person in May 2016 .

Recently came to know that this person whom she was married to , has a relation with another girl for last 8 years. We are not sure whether he is married the girl - with who he has relation or not.

What happens before marriage is of no consequence and you will not get a Divorce on the same ground. 

Now for us to go for divorce and to get compensation , we request the forrum members to suggest the legal ways.

Please note that 


The boy himself has expressed that he is having relation-  

Do you have any evidence of the same? Has he given the same in writing or do you have a recording of him admitting the same?

 
We have no proofs to establish the relation and / or marriage

Then try and find out the same.  Put a detective or better still a family friend behind your son-in-law and get proofs.  Or better still, let both families sit across the table and bring an amicable and non-acrimonious end to the marriage. 

 
Now my daughter is not staying with the boy for last two months
No physical harrasment done to my daughter
Some of his family members are aware of the issue


Please suggest the legal grounds and proceudres that I should follow to get the divorce and recover the expenses spent for the marriage

Thank you in advance 

Unless and until you have concrete proof of your son-in-law's affair, i would advise you not to file a Petition on the ground of adultery.  Have you attempted to have a talk with the boy's family to put an end to the marriage?

Also, the expenses spent by you on the marriage was a call taken by you. No one forced you for it. Your daughter's Divorce is not a recovery of the same.  I would advise you to focus more on getting your daughter out of this mess as this would be extremely traumatic for her rather than in recovering your money. 

 

Sachin (N.A)     21 August 2017

Removed......

Sachin (N.A)     21 August 2017

Removed because earlier post was for Raveena Kataria

 


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