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Procedure to apply for divorce at the time of pregnency
28-Nov-2023 (In Divorce Law)
my sister got married 1 yr before.now she is 7mths pregnant.she is not satisfied with his life.we are cheated.his husband and family said he have own house many land good job and all.we gave 58 pavan gold and 5lakh as dowry.now we realise that he does not have home and all he is living in his sister house.my sister is only 22yrs old we plan this marrage because of our mother’s sudden death.we imagine she lives a happy life but what they showed to us all are fake.they always lieing.emotional and physical harrasement is also their.she likes to have a divorce but we have confusion about how she and coming baby going to survive.if we give a divorce petition did we get the dowry back.did the divorce need time.why am asking because she is 7mnths pregnant and have 2mths for delivery.what all r the procedures she is a christian girl ..
You can file a domestic violence case for maintainence getting back dowry gold interim maintainence etc. You can file a case for divorce on the ground of cruelty and cheating. File a maintainence case and op for getting back dowry. Call me for detailed advice
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Adv. Jeshma Mohandas
Kozhikode | 100+ Answers
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If the wife really desires for the divorce she can file the petition for divorce .She has to file the petition where she permenantly resides or where the marriage has been solemnised..She can file a petition to get back her gold ornaments.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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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. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry.
Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences
Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. 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.
Here the decision of sister is important. So ask her to which option she opt. live with her husband or divorce her husband.
Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences
Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. 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.
Here the decision of sister is important. So ask her to which option she opt. live with her husband or divorce her husband.
Helpful?
Adv. Ajay NS
Ernakulam | 200+ Answers
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