Clarification on grounds for divorce

549 votes

Hi,
Has he filed a case for divorce and then it has to be seen on what ground he has filed the divorce petition. Secondly the divorce want be granted if it is an contested case it means that you sister has to appoint a advocate and then it will be hard for your brother-in-law to get the divorce. There is no such thing in three joint meeting in divorce been contesting.Call us through the website for further assistance.

Advocate Mohammed Abdul Quadeer

578 votes

Why do you have to punish him? Ask the reason for requesting you for divorce. Has the marriage solemnized? If you have married only in June 2017, you have not yet completed 1 year of marriage and divorce cannot be applied. You can call me after 4.30 PM for further clarifications

Advocate Revathi Vivek

522 votes

Dear Madam,
You have not mentioned why your friend troubling for divorce, without any reason nobody will trouble, there may be dowry issue, parents forcing him to take divorce or he want to marry someone, or he have relationship with someone, you plz mention reason accordingly you have solution. if he has forcing for divorce for dowry you can register FIR against him.

Advocate Shashikumar K

599 votes

See,
In the First instance divorce petition cannot be filed within a year of marriage. But some rarest cases are there it can be filed withing a year of marriage. As you told the marriage is registered in the June. There should be one year separation.

you are not informed here that what kind of harassment you are facing.

In case if you want husband you can file the restitution of conjugal right. Or in case if you want to divorce you need to explain the harassment facing by you while submitting the divorce. In divorce case order of punishment will not passing.

Apart from this you have another alternative that is filing of the Case under D V Act. If the Violence is proved he will get punishment.

Advocate M Lakshmikanth Arya

958 votes

I received your mail just before 10minutes.You can book domestic of violence Act in the magistrate court. You can lodge police complaint in the jurisdictional police station for dowery harassment. You can also book restitution of conjugal right in family court.

LawRato

746 votes

You are saying that you want to live with your husband but you have filed a domestic violence case against him. There are certain things and facts which you will have to disclose and then probably decide as to what you want to do. You can call and discuss the case in detail with me.

Advocate Nitin Chopra

693 votes

Hello Dear,
APNE BATAYA KI APNE DOWRY N DOMESTIC VOILENCE KA CASE KIYA JISK BAAD APK HUSBAND NE SECTION 9B LAGA DIYA.
LEKIN IS SAB K ALAWA KYA APKI COUNSELLING HUYEE? YA FIR KOI BAAT KIS K THROUGH HUYEE? YE DONO BATEIN ZARURI HAI.
Response ON UR QUERY: AGAR AP APNE HUSBAND K SATH REHNA CHAHTI HAI TO AUR APK HUSBAND NE SECTION 9B APPLY KIYA HAI TO USK LIYE PEHLE APKO UNSE BAAT KARNA CHAHIYE. KYUKI PEHLE APNE RISHTA KHATAM KARNA CHAHA AB WO KARNA CHAH RAHE HAI.
WESE BHI KOI RISHTA BONA DONO PARTY K CONSENT K NA TO BANTA HAI NA HI KHATAM HOTA HAI.
APNE HJSBAND RE BAAT KARIYE KISI BHI ZARIYE SE AUR AP UNK SATH REHNA CHAHTI HAI IS PAR BAAT KARIYE FIR JO BHI AP DONO DECIDE KARE USI K ACCORDING BAKI KI PROCEEDING HOGI.
LAW N COURT ONLY THE MEDIUM TO GET SOLVE THE PROBLEMS.
AGAR AP DONO EK HI BAAT PAR AGREE HONGE TO JO BHI FORMALITY HAI WO EASILY HO JAYENGI, KYUKI CASE DONO TARAF SE FILE HO GAYE HAI, BUT IF U BOTH GUYS WANTS TO DISOLVE THE PROBLEM U CAN TAKE BACK UR CASES.
THANX
U CAN ASK ME ANYTHING IF U REQUIRED
HOPE U WILL GET THE ANSWER
BEST OF LUCK

Advocate Rao Aelbeena

797 votes

Section 9 is for restitution for conjugal rights and under this nobody can force you to live with your husband unless you give your consent. You can tell the learned judge about your apprehensions. You should also let him know about your terms and conditions and make sure that it is written in the judgment also. Once that is done it will serve as a shield for you. In future if your husband again does the same thing then this judgement will go against him and might even affect his job and career as there are criminal implications.

Advocate Sushmita Mukherjee

708 votes

Dear client, if you want to live with your husband than you should appear in the case file by your husband u /s 9 Hindu marriage act, and do settlement /agreement with your husband. And if he don't want to live with you than proceed your cases which you have filled earlier.

Advocate Sanju Lata

790 votes

In case of girl missing First a police complaint is to be lodged. In case of no advancements, a Writ petition can be filed Before High Court for tracing the girl. Kindly check whether the girl is intentionally hiding from you, if so it will amount to mental cruelty and desertion which are grounds of divorce. If you can find where she is then you can file a case for divorce on the ground of mental cruelty by Wife. By hiding she puts you in a state of fear and anxiety and that's cruelty.

Advocate M. Dheenadhayalan

869 votes

In case any person is found missing then immediately police complaint has to be given immediately after reasonable search. After registration of FIR, the person is missing and not traced for 7 years, then that person is legally presumed to be dead. There is no need of obtaining divorce even.

Advocate Santhana Lakshmi

863 votes

It seems you are a lady. You can easily file a suit for dissolution of marriage before the court of your jurisdiction. Before that talk to your husband of he is willing to divorce you, then file divorce on mutual consent which is less expensive and fast.

Advocate Ujjal Kumar Ray

791 votes

If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.

In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.
For mutual consent divorce both the parties required to wait one year from the date of marriage.
Otherwise you can file contested divorced petition before the court.
And without detail discussion proper consult is not possible.

Advocate Dhrubaraj Bhowmik

854 votes

You can easily file a divorce petition before the competent legal authority. This would be a contested divorce matter. The grounds are very good from your side. Hope you will get the decree of divorce very soon. Other than that you can even claim for alimony also.

Advocate Sreemon Bose

879 votes

Just file a contested divorce cas before the concen court and obtained the relief from the court thisbsj the only remedy in your case pls knowledge the advice. Any further clarification please feel free to contact me

Advocate Akhil Verma

668 votes

Since the grounds for divorce are not clear.... you can meet me at my chamber.. for the same
There are provisions in hindu marriage act for Husband also ....
You can call me or meet me at my chamber in tis hazari court

Advocate Shruti Bhardwaj

742 votes

Your divorce is possible, you need to file a divorce petition under hindu marriage act in the concerned district/family court.
If you wish to be divorced mutually then you have to do councelling with your wife and if she don't agree then you need to hire an advocate for the counselling and also to get your matter filed and to be done in the court.

Advocate Deepika Tiwary

936 votes

You can file a divorce petition under Hindu marriage act and state the reasons that you have been subjected to cruelty by your wife. You have been tortured and now you don’t wish to continue. Please feel free to contact me for further assistance

Advocate Paras Anand

803 votes

For taking divorce from your wife, you need to file a divorce petition before family court. The second and easy option is that you file mutual divorce with consent of your wife. As in your case she is not ready to give you divorce, then you need to contest for divorce.

Advocate Naman Gupta

632 votes

Divorce can be filed as joint petition if they are willing to give back everything. Or else file a case for dowry harrasment and petition under domestic violence act and wen they appear negotiate and filenfor the divorce.

Advocate Shyamdeep Shenoy

518 votes

If you want your daughter to get divorced you can file a divorce petition before the Family court where your daughter resides or where the marriage is solemnised. And you can file the petition in the family court to get back the gold ornaments as well as the other valuables.

Advocate Sindu R Kurup

667 votes

Hi,
Your daughter can get a divorce by filing a case before the Family Court. you can file a case under section 498 A of IPC and also under section 406 of IPC for Harassment and misappropriation of money. Further you van also file a case under Protection of women from domestic violence act 2005 and get a compensation, dowry, money and car. you can even stay in your husbands house or court will direct husband to provide alternate accommodation and husband shall not enter into that property etc.

Advocate Avinash E. K.

725 votes

You can file criminal case as well as divorce case .
In criminal case you can file 498 case against her husband and his family members .
In divorce case u can file divorce in the ground of fraud and can also file OP for return of gold and money .
Keep all documents for purchase of gold ornaments .

Advocate Jyothi P

707 votes

There are two ways to legally end a marriage – annulment and divorce. If you are withdrawing from marriage and relationship then file petition for nullity of marriage. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.

The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:
Bigamy – either party was already married to another person at the time of the marriage
Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.
Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.
Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.
Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.
Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.
Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.
Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval.
In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to .
• Mental cruelty
• Harassment
• false 498a case
• marriage non-consummated
• Mutual consent

The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.

For getting the ornaments, money and car file a petition for the same before family court or Magistrate court under Protection of Women from Domestic Violence Act, 2005

Advocate Ajay NS