Clarification on grounds for divorce


MY DAUGHTER HAS ENDED A 6 MONTH MARRIAGE DUE TO FINANCIAL FRAUD AND DOWRY HARASSMENT. PLEASE SUGGEST HOW CAN WE GET A DIVORCE AND TAKE BACK THE DOWRY WHICH INCLUDES GOLD, MONEY AND CAR. HOW SHOULD WE FILE THE CASE?? WHICH IS BETTER CRIMINAL OR FAMILY? WHAT ARE THE PROS AND CONS??

Answers (5)


133 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


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

291 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 .

Popular Divorce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
346 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.

60 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.

73 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.

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 contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles