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neha (PROP)     04 April 2011

Urgent Help

Good Evening to All,

Many thanks to this site who is helping to Needy

I am in very typical situtation and brief my story.

I was in love with a guy by 10 yrs and we both wanted to do marriage due to intercaste my family reject. My family do my engagment to other person.

As i came to konw, that person is also in affair with his batchmate and they both want to do marraige but circumstences do not support and it do not happen. But we both decided not to do marriage and tell our respective family, but it do not work much and again I refuse to do marraige with him infront of my and his family before 1 week of my marriage.

But due to society pressure they do the marriage on mid of jan this year.

Me and my B/F compromise with situtation and make this marriage happen.

After my marriage i do not able to forget him, i do counselling to be cool, i am doing meditation but it will not help me. Same situtaion is with him practically we do not get seprated emotionally. So we have decided that I will take divorec.

On what ground i can take divorec ther are some more points.

1 I do not feel any type of problem at my husband house

2 I do not do intercource till now.

3 I hv tell him about my intention

4 He do not know about my BF

 

Thanks

Neha Mathur



Learning

 6 Replies

Ambika (NA)     04 April 2011

@ Neha,

Sorry to say that you are not only damaging your life, but your spuouse ' life also. You are brave enough to take a divorce and put up with the social pressure that goes with it now, but were  not courageous enough to face the pressure of your family and community prior to your marriage. What is the gurantee now that your boyfreind will not taunt you for this later on? 

 Had  you been honest to yourself, you would not have taken decision of getting married, while remaining deeply emotionally attached to your boy friend. 

I do not think getting a divorce would be very easy for you unless your husband consents for it  because as of now your post shows you have no legitimate ground to seek a divorce. 

I am not an advocate, for correct  legal opinion, please wait for the response of legal experts. 

 

Deep (k)     04 April 2011

It's too late...... and also it's too early as I don't think you can get any divorce till 2012........

don't you feel the pressure for divorce while u were feeling the same when married........

anyway forget past and also think twice on your decision........ first think what you want  and then do accordingly......

do remember Ambika's line about your bf..... not sure how ur relationship with bf will go even after divorce......

just giving my comments........  let experts advice......


(Guest)

You refused to marry your husband,in front of his family also just 10 days before your marriage.They could take it as a big insult.

 

Yet they accepted you and are not creating any problems for you.This is a big thing!

 

Right now you are madly in love with your BF.

 

But see the other part-your husband and inlaws are peaceful with you,ie,you have been married in a good family.Not all girls are so lucky.

 

Still you want to go back to your BF.What if he turns out to be bad later on?

 

Then you will regret divorcing your husband.

 

Just go through all LCI forums and see how much people suffer when they marry abusive partners and lead hellish lives.

 

But you seeem to be digging your own grave.

 

Still if you want to divorce your husband,please ask for a mutual divorce or get it annulled,as it was not under your consent(marriage also unconsummated)

And be ready for litigation,if your husband refuses.Be ready for daily tensions,alongwith no guarantee that your BF and his parents will be as good as your present husband and his family,if you marry him.

adv. rajeev ( rajoo ) (practicing advocate)     05 April 2011

the only way left to you to go for divorce is that tell everthing to your husband and convince him to go for consent divorce.  If you affraid of prestige of both the family then forget your b/f and lead your life your husand.

Arup (UNEMPLOYED)     05 April 2011

please go for mutual consent divorce - which requires no ground, you both have to apply jointly. the main draw back of mcd is this that at anytime one party may withdraw itself from the consent on mcd.

 

talk to your present husband, for mcd. if both agreed, further details will be sent.

Arup (UNEMPLOYED)     05 April 2011

HMA SEC 13B. Divorce by mutual consent

Posted on : 22/01/2010 15:14:29



 

13B. Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that

they have been living separately for a period of one year or more,

that they have not been able to live together and

that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

a marriage has been solemnized and

that the averments in the petition are true,

pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree


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