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Husband harassing and not willing to divorce mutually


07-May-2023 (In Divorce Law)
My friend got married on 2018. After few days of marraige she got to know her spouse was divorced previously. Marraige happend only with societal function, after knowing about his previous marraige she didnt do her registry for marraige. She stayed at spouse house only few months, for past 2 year she is staying seperately. The husband once said he need money in lacs to give mutual divorce otherwise he wont be giving divorce to her as he doesnt want his wife to move on. Also husband used to doubt character of my spouse. And many times forced her for physical relation and abused verbally as well. Nedd advice on 2 aspect: 1. As she didnt do her registry only societal marraige happend is there any way for annulment of marraige.? 2. Also, as she is staying staying seperately with her family fir past 2 years , what is the procedure to start her new life with someone else as husband is delaying the divorce process. Both are Hindu.
Answers (1)

Answer #1
975 votes
irrespective of the fact that the registration of marriage was not done it isn't sufficient to disown the marriage if the marriage ceremony has been validly executed therefore the spouces have to undergo the legal process of divorce/annulment as the case may be.

now since the husband is not ready to willingly accept mutual divorce unless he is paid a huge sum it would be a case of contested divorce.

now your friend can file a divorce petition before the district judge of the concerned court and by presenting her case properly the divorce can be obtained and your friend can restart her life. if the husband is not cooperating then ex parte divorce can be obtained.

you can get in touch with me if you need me to take your friend through this divorce.
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