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Divorce
20-Jan-2023 (In Civil Law)
We did court marriage that none of our family members witnessed and nobody knows about it. Lived with our families separately. After 1 year we did hindu marriage that everyone knows about. It's been more than 2 years he is in jail under severe charges of murder, kidnapping, fraud, theft. I lost that marriage certificate. I want divorce. I am seeking on the basis of hindu marriage. Can he use our court marriage against me? I don't want to expose my court marriage. Please don't publish my query.
Your first marriage would be registered in the records and hence it is not advisable to suppress the fact from court. Marriage certificate can be obtained from the office of registrar where you got married.
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Adv. Salim Ambar Inamdar
Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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You can defi1seek divorce on the grounds of concealment of material facts about the previous involvement of the husband in the crime of heinous nature and can also get it .
It all depends on the facts and circumstances of each case so brief us more accurately for better assistance.
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Adv. Suneel Kumar
Adv. Suneel Kumar
Delhi | 200+ Answers
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You had your court marriage and thereafter you married again according to hindu rituals.
you married twice with same person, it had not added anything to your relation, as he was husband and even after second marriage status is same. You can file for divorce to end this relationship. After divorce marriages are dissolved.
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Adv. Anil Upadhyay
Adv. Anil Upadhyay
Delhi | 25+ Answers
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Madam I can assist you with your matrimonial disputes query.you can surely file for a divorce .
If your marriage was registered prior to the ceremonial one that shall be considered the date of marriage
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Adv. Shruti Agrawal
Adv. Shruti Agrawal
Delhi | 5+ Answers
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You must seek divorce as per Hindu Marriage Act and obtain a decree from court. Till the time you are not legally separated you cannot have second marriage. His being in jail for last two years itself is a ground to take divorce. Follow law and proper procedure to have a safe and sound future.
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Adv. Anand Kumar
Adv. Anand Kumar
Delhi | 5+ Answers
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You need to come and meet with prior appointment to discuss in detail with all relevant papers. If you have lost papers, you must be remembering the date of your marriage. If the date is known, it can be traced.
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Adv. Pradeep Mathur
Adv. Pradeep Mathur
Delhi | 5+ Answers
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If one of the spouses is not wiling to give a divorce to the other spouse, then it is known as contested divorce.
For filing of the contested divorce a divorce petition is to be drafted and presented in court. The contested divorce is only granted on certain grounds which are mentioned under Section 13 of the Hindu Marriage Act.
Some of the grounds on which divorce can be filed under such circumstances are covered under Section 13(1) of the Hindu Marriage Act, 1955:
1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
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(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
And for this purpose you will have to consult a lawyer to engage with the proceedings.
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Adv. Siddhant Sharma
Adv. Siddhant Sharma
Delhi | 5+ Answers
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Mam have you field divorce petition in any court. Have you filed any other suit against your husband in any court. Are you taking any maintenance from your husband and what are gtounds on which you wants to seek divorce.
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Adv. Manish Kumar Pandey
Adv. Manish Kumar Pandey
Haldwani | 25+ Answers
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U have certain options, u can go for mutual divorce u/s 13 B HMA, but as u said ur husband is not interestd to give u divorce, u can file appliacation for divorce u/s 13o the ground that there is no conjugal relations between u and your husband, but in that case u have to go through mediations and in your case it is bit difficult to get divorce.
In my opinion U can file aplication u/s125 crpc for maintenance for your expenses,in case opposite party fail to pay u,regular maintenance or does not pay ,then u can easily get divorce.
Or u can also go for judicial seperation u/s 10 on the same ground as of divorce, in this case if you live apart from.your husband for one year then it will be a case of breakdown of marriage , and u can get divorce.
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Adv. Jaswant Sandhu
Adv. Jaswant Sandhu
Dehradun | 25+ Answers
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Helloregarding your inquiry for divorce. You can take divorce even your partner don't want. For this you will have to file a divorce petition in family court. From where you are talking. You can contact me.
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Adv. Vibhore Goyal
Adv. Vibhore Goyal
Dehradun | 25+ Answers
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Hello client
I have read Ur issue if Ur willing to file the divorce then u should first open up Ur issues so the things can get easier to understand.pls specify the reason tht why Ur willing to ask divorce from Ur wife.if Ur asking divorce then u also want to have custody of the child also or not.
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Since you're living away from your family, it is natural that you're unable to enjoy a happy married life. Marriage is a sacramental bond between two people and should not be broken easily on petty reasons.
However, if you and your wife are unable to solve this impasse of long distance then there is no other option but to seek separation. Such a situation has resulted in irretrievable breakdown of your marriage.
If both (you and your wife) agree to part ways then you can file a case for divorce by mutual consent, otherwise you can go for divorce as per other provisions of the Hindu Marriage Act.
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Adv. Sheel Pathak
Adv. Sheel Pathak
Delhi | 25+ Answers
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If you would like to have divorce from your wife, you may file the proceedings U/s 13(1)(ia) of HMA against your wife seeking divorce on the grounds of cruelty and if you have some more grounds to seek divorce, Sections may add-on in that divorce petition. There are numerous grounds for divorce. Now, in your case, question arise that whether you are living separately from your spouse and if yes, then from which date because the date of separation is must as far as the divorce is concerned. For more details, you may contact me to have appointment to get consult your matter.
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Adv. Yogesh Gaur
Adv. Yogesh Gaur
Delhi | 25+ Answers
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Hi how many years were the marriage been done where did the marriage take place and all why do u want to take a divorce and all what are the steps which is been taken did U talk to your wife regarding the solution for the divorce what did she say did u guys sit and sort out the solution so that u can live peaceful and all what is ur wife saying and all what does she want does she want the same thing
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Adv. Yash Karan Jain
Adv. Yash Karan Jain
Delhi | 400+ Answers
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Dear Client
You need to file a contested divorce petition before the family court, where either you last resided together with your wife; where marriage was solemnized or where your wife lives. Get it filed through an advocate. Feel free to discuss various possibilities with me over call or make an appointment to meet at my office.
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Adv. Mrinmoi Chatterjee
Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Hi,
Regarding your query. Without a shadow of a doubt, you can absolutely proceed to initiate Divorce Proceedings against your husband. The Hon'ble Supreme Court may have decriminalized adultery, but they havent provided the public with the 'carte blanche' judicial authority to do as they please behind closed doors , that too without any consequences.
Adultery continues to remain a ground for initiating divorce proceedings and you may claim the same on those grounds.
As you are not intending on claiming alimony,I would suggest you initiate a talk of obtaining Divorce by Mutual Consent with your ex-spouse as that is relatively more cost effective, and saves you years of your life rather than running around the Courts for years with a slim chance of sunshine.
As for living with any bachelor man, at present, I would avoid those situations for while as you frequently see photos and videos taken out of context and put up before Court for grounds of Divorce. The rest of the advice would be dependent on the intricacies of your case of course. Do get in touch if you need to clarify further queries.
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Adv. Anuj Nair
Adv. Anuj Nair
Delhi | 100+ Answers
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Dear Client,
You may opt for divorce, and same time you may contact with your bachelor frd. or live with him after SC stands adultery issues. If he would be for mutual then opt for the same to cut the duration of divorce time taking process.
Now , there is no problem being in adultery, but it is a ground for consideration for divorce instead. First you be in relationship, let reveal it to your husband , and prompt him to take divorce, once he say so , go for mutual.
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Adv. Sanjay Kr. Jha
Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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This is my response to you:
1. There is no way out of it completely but you can reduce the same;
2. If you have debts or loans then you can reduce the alimony;
3. You can also show your expenses and how it will be difficult to pay high amount of alimony;
4. You can also show your wife earns more than you;
5. This will be ascertained from your IT returns;
6. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
Chat
Dear queriest, there are no any ways to avoid the alimony amount after getting divorce unless you are going to financial crises or is been jobless for long time. But if there is no any reason and you fail to pay the maintenance then you shall be I. trouble for not following the order of the honorable court.
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Adv. Dhananjay Ravikant Gangawane
Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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Dear client,
Ha agar ladki shadi se phele sa unsound mind hai to ye ground ha divorce ka. Agar aap ka divorce ka case file karne ka baad ladki wale case file karte hai to aap court mai ladki ka medical paper dekh sakte ho. Dear client for more clarification u can contact me and I m happy to help u.
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Adv. Mudassar Khan
Adv. Mudassar Khan
Delhi | 200+ Answers
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In this regard, I advice you that the said case is best case for annulment of marriage under Section 12(1)(c) of the Hindu marriage act wherein you can convince that the consent of marriage was obtained from you by your in laws thereby playing fraud upon you and your family wherein they have concealed the factual of such disease or illness which they ought to have disclosed at the of the marriage. For further clarification, please contact.
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Adv. Ujjwal Jain
Adv. Ujjwal Jain
Delhi | 200+ Answers
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if you have proof that she is of unsound mind since before marriage and it was hidden from you and at the time of marriage you didnt know that she is of unsound mind, then you can file for divorce on that ground and it should be granted
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Adv. Rohan Sharma
Adv. Rohan Sharma
Delhi | 200+ Answers
Chat
नहीं, जब तक तलाक का प्रकरण न्यायालय में चल रहा है आप दूसरा विवाह नहीं कर सकते।
जब तक न्यायालय तलाक की डिक्री पारित नहीं कर देता, दोनों पक्ष पति-पत्नी ही रहते हैं। ऐसे में दूसरा विवाह गैरकानूनी होता है। और न्यायालय द्वारा पारित डिक्री के बिना दोनों पक्ष दूसरा विवाह करने के लिए स्वतंत्र नहीं होते हैं।
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आपने जो डायवोर्स फाइल किया है उसमें कोर्ट ने अखबार में पब्लिकेशन कराने का ऑर्डर कर दिया है अगली डेट में आप के मुकदमे में कोर्ट एक पक्षी कार्रवाई करते हुए आपका तलाक एक ex Parte order करने हेतु evidence के लिए आदेश वित्त करेगा उसके बाद आपका साथ एक ex Parte evidence कोर्ट में रिकॉर्ड हो जाएगा वह आपको एक पक्षीय तलाक मिल जाएगा
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Adv. Vishal Kumar Yadav
Adv. Vishal Kumar Yadav
Lucknow | 50+ Answers
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hi
yes it can be a ground of divorce.
do you have any child ?
do you have any proof that she was unsound mind before marriage?
depends upon the facts and circumstances of your case so for that you have to tell me the whole story regards
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Adv. Aastha Jain
Adv. Aastha Jain
Delhi | 25+ Answers
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Hello,
Firstly bring it to notice of the bench about such malicious act by your wife. Usually there is no time limit to decide such cases, only an application can be made to court against such act by the wife. You may also file an additional affidavit with new evidence stating it is causing harm and harassment to you while wasting the time of court too. Feel free to contact me if you need any further assistance.
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Adv. Varun Vij
Adv. Varun Vij
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way
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