quesGirl married forcefully at age of 16 yrs. Can she file for divorce?

My female friend was married forcefully at the age of 16 and a half years. Now she has not completed the age of 20 years yet and has a daughter of 1 years old. I want to know can she file for divorce? She has no relatives. Thereafter, now if i move in with the girl and then file for divorce can her husband file any case against me?

  • ansWe suggest that your friend should amicably settle a matter and speak to her husband to file divorce by Mutual Consent under Section 13 B Hindu Marriage Act (assuming your friend is Hindu). This process is faster and less time consuming.

     

    Further, you cannot move with your friend unless she is divorced because her husband can file a criminal compliant under Section 497 of Indian Penal Code which amounts to adultery.

     

  • ansWe suggest that your friend should amicably settle a matter and speak to her husband to file divorce by Mutual Consent under Section 13 B Hindu Marriage Act (assuming your friend is Hindu). This process is faster and less time consuming.
    Further, you cannot move with your friend unless she is divorced because her husband can file a criminal compliant under Section 497 of Indian Penal Code which amounts to adultery.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansThe marriage of your friend is not valid since she was not major hence there is no need for divorce ,you can get along with her with child and get married later ,her husband cannot do any harm ,he can. Only claim the child for adoption.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansYes she can file for divorce and she will also get custody of the daughter but if you move in with her and have any sexual relations with her then the Husband can proceed against you under Adultery under the Section 497 of the Indian Penal Code.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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