Legal Question in Family Law in India

My brief details are as follow:

I have been married and seperated in just 2 months of marriage and till now its been 7 years i am seeking for the justice. Mine was arranged marriage by caste gujarati christian.Wife is govt employee but she has an affair with another man and finally the fighting ended with stamp paper divorce in 2005. But this women has very revenging nature and she came to know from the society that i have find somebody for my second marriage so she is trying to create obstacles in my way. i have filed divorce petition in 2007 under section 10 on the ground of adultery seperation more than 2 yrs and cruelty by her criminal cases on me and my family after 5 years of seperation, DV,498 ,323 etc.i was not able to prove adultery as i dont have proofs.i have also witnessed notary in order to prove my stamp paper divorce took with her consent. She has mentioned in family court that she was forced to leave the husbands house. and husband and family has harrassed her for dowry.Stamp paper divorce was also forcefully done etc. Family court judge has rejected my petition mainly on not proving adultery and lack of evidence.

My question is if a person is seperated willingfully with a stamp paper agreement which was purchased by her and signed in the presence of witnesses and since she has harrassed me and my family by false police cases around 8 -9 complaints and after five years DV,498 etc logded by her.shouldnt a person get divorce on the ground of seperation and crulty since there is no chance of reconciliation. Please advise and also let me know how much time high court takes to decide the appeal.Thanks


Asked on 10/22/11, 2:17 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It appears you have already messed up your case. An appropriate opinion may not be possible without examining all your documents. However, the stamp paper divorce you mentioned has no legal force.

You may need to find out a solution in consultation with a lawyer who should examine your documents and suggest you appropriate remedies. The help you need may not come from this Forum.

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Answered on 10/22/11, 5:55 am


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