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Need advice regarding divorce


16-Jun-2023 (In Divorce Law)
My friends brother got married on May 25th 2017 in front of relatives according to Hindu law. Both girl and the boy belong to the same caste "Kashyap". The girl says that she doesn't like the boy and she doesn't want to stay with him or his family at all. They are blaming that the boy wanted to indulge in sexual activity with the girl against her will but no intercourse happened between them. The girl called her parents next day and went back to her home along with them and since then they are finding different ways to blame the boy for the separation but it is suspected that the girl already had an affair with someone else and this marriage was all a plan only to get divorced later, otherwise girl could have said no when she saw the boy for the first time. Please suggest how both the families can get rid of each other and would it be fine to make an agreement in front of notary for now, so that the girl or his family cannot harass the boy's family for money and other personal benefits
Answers (5)

Answer #1
729 votes
Once the marriage has happened, making an agreement before the notary will not suffice..The girl and the boy will have to have the decree of divorce from the Court.This is the only way to get rid of each other.
Answer #2
569 votes
If the marriage has not been consummated you can apply for annulment decree in family court. In case consummation of marriage you can file for judicial separation after one year. But please register a complaint with the police authorities first as she might file a dowry case
Answer #3
664 votes
Hi,
Yes you have a right to ask for Khula by a Qazi. But the Khula to result into annullment of marriage would require the consent of your husband. In case he is not consenting and willing to divorce you, you have every right to move under the penal laws against your husband.
Answer #4
817 votes
Dear Client,
According to Muslim Law all Muslims should obtain divorce only in Mosque by way pronouncement of Triple Talaq in presence of Quazi and other witnesses and in the presence of opposite party.
Answer #5
761 votes
Mada, Basically there is nothing called qazi court prevailing in India. The Qazi is entrusted to perform the marriage and divorce as per parties consent. If your husband is willing to give you divorce by way of Khula, qazi can do the needful. However, if he is not coming forward, we can obtain the divorce through court. Consult with full particulars.

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