Legal Question in Family Law in India

divorce

Hi im 23 years old & i married on 9th march 2007. which was registered on apr 5th 2007. my husband is presently staying in US for his higher studies. we met & fell in love. when he was in US we had a fight about his EX girlfriend & thats when he decided that he would come to india & marry me without telling anyone. he came to india married me. we married in a small temple in bangalore. there were no witnesses of our marriage. but at the time of registration he managed to get his friends who signed as witnesses. one the first day of our marriage he hit me. ive gone through lot of physical, mental & emotional torture. i have also decided to abort when i realised that he has not trusting me & was not behaving in a proper way. now both our families know abt the marriage & have accepted it. but i dont want to be with my husband as he is very abusive & violent. need your advice in getting divorce. pls help


Asked on 8/11/07, 10:28 am

8 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: divorce

you can file divorce petition either here in india or where he is living. its difficult to give more advice here. meet personally.

dont give birth to any baby.

also file maintenance cases.

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Answered on 8/12/07, 2:56 am
Alok Sharma Alok Sharma & Associates

Re: divorce

Only advice u need is that engage a good lawyer locally and file a petition for divorce. Tell the lawyer all the cruelty u have suffered at his hands. I could not follow what you are trying to emphasise by "he managed to get his friend who signed as witness".You can also file a petition for maintenance and reg dowry harrasment.

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Answered on 8/11/07, 11:34 am

Re: divorce

At this point you can not go for divorce because one year period from the date of marriage is must for applying for divorce.So you have to wait till completion of one year of marriage.

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Answered on 8/11/07, 1:02 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

Hi,

You are entitled to divorce on the ground of cruelty;

you are also entitled to institute criminal proceedings against your husband under section 498-A of IPC.

Please indicate your present station of residence alongwith that of your husband for further advice.

Regards.

Sudershan Goel

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Answered on 8/11/07, 2:26 pm
Nandita Haldipur Haldipur Associates

Re: divorce

you need to contact a lawyer and file petition for divorce.

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Answered on 8/12/07, 11:54 pm
Prabhat Shroff Shroff & Company

Re: divorce

You can file for divorce, but only after expiry of one year from date of marriage.

Alternatively, you can now file for annulment pf marriage on grounds of fraud and misrepresentation.

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Answered on 8/13/07, 1:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

good afternoon

in this case contact a good divorce lawyer and file a divorce petition you dont have any options as such

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Answered on 8/13/07, 2:47 am
rajeshwar sharma rajeshwarnathsharma

Re: divorce

You have to wait upto one yeat to take divorce. Against abusive and violent action, you may complain to the police

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Answered on 8/12/07, 12:30 am


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