someone who loved may somehow not able to marry but after sometime they want to spend life together but the girl is married now so can that girl ask her husband that she is not able to adjust and want to take divorce with the mutual consent as that guy still love her and she also loves him.
2007-04-25 00:06:36 · 30 answers · asked by raj 1 in Family & Relationships ➔ Marriage & Divorce
Very good Chandershakeran & Dhoom2 both of you learning fast. Yes as Dhoom2 says under the Hindu Marriage Act, 1955 even the period of one year in necessary for seeking divorce by Mutual Consent under section 13-B of the Act. But there according to section 14 of the Act which states No petition for divorce to be presented within one year of marriage. - (1) notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.
Now this period of one year condition as provided can be requested to be forgone if you have reasons of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. Now even if this condition is forgone by the court still they have to wait for six months before a decree of divorce is issued in their favor.
2007-04-25 02:00:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 1⤋
I think there is no problem by getting divorced by mutual consent.
But why the hell do you get married knowing that you will come to this point???
getting married should be a little more serious than buying a car - and saying afterwards, oh it´s not what I expected and anyway I didn´t like that model from the beginning, so I prefer to change it for another one...
I know family pressure can be very strong, but you should be old enough to rule your own life.
Anyhow, as I can see things it would be best for you and your husband to separate, as you obviously don´t like him at all and you are in love with this other man who is also in love with you... going on with this marriage you would make 3 persons´ life miserable: Your husbands, your lovers and yours...
But I think you should learn for your future to think first and act afterwards... not the other way around...
2007-04-25 07:36:07 · answer #2 · answered by Anita P 6 · 1⤊ 0⤋
The lady who loved a person and married to another needs to look both sides of both the persons involved in her life.
1) First of all why she got into a wed lock with a person other than some one she loved?
2)She must see whether she can adjust and live with her husband?
or else
3) She must try to convince her husband and get his mutual consent for a divorce instead of taking a unilateral decision to quit from the marriage.
Anyway, It is perfectly alright for the western culture, but not to the Indian culture.
The husband is deprived/stripped of his wife and his family loses the respect or something .
2007-04-25 23:27:36 · answer #3 · answered by NQS 5 · 0⤊ 0⤋
No not before 1 year. according to Section 13-B of Hindu marriage Act, 1955 the party should have been living seperately for 1 year or more. and after filing petion u/s 13-B not earlier then 6 months, meaning there not before 18 months
2007-04-25 14:34:00 · answer #4 · answered by annjee 4 · 0⤊ 0⤋
let me get this straight...this girl was sleeping with one guy (guy #1)...but he dumped her, so she married some other guy (guy #2)...sounds like she was trying to make guy #1 jealous to me...i feel bad for guy #2....yes, she can ask for divorce anytime she wants...however, i think that when guy #1 dumps her again, which i am sure will most definitely happen...she will run back to guy #2, and if he has any sense (which i seriously doubt, or he wouldnt have gotten into this love triangle to begin with) he will tell her to hit the road...
you say *somehow* that guy #1 and this girl couldnt get married...since you arent telling exactly why, i will assume guy #1 was already married, now they are divorcing (from girl #2)...they should all move in together. or perhaps guy #2 and girl #2 could hook up...they seem to be the only ones in this scenario who have any morals anyway.
2007-04-25 07:57:48 · answer #5 · answered by Cinna 4 · 1⤊ 0⤋
ok that is messed up, sorry don't take that the wrong way but, I am taking this as u being the other guy? I suggest that if she does divorce him to go to you, she will leave you too sometime down the line as she may think she loves someone else, visa versa as well. In any case if he or she did that, it will backfire and it will come around to you and her or visa versa. That is playing games and this person is to immature. I would not even bother.
2007-04-30 23:24:07 · answer #6 · answered by BuLlY LoVeR 3 · 0⤊ 0⤋
If I were in your place, I may not do this. The lover will blackmail you later. Do not do this. If your husband loves you and takes care of you, continue with him. If you want to make sure, delay the child birth for two years and decide.
2007-04-26 06:58:37 · answer #7 · answered by Anonymous · 0⤊ 0⤋
What a mockery of an institution called marriage!!
Why was the marriage solemnised in the first place?
Can you undo all the things that went to solemnise the marriage? The loss of prestige, loss of money, and all the pains involved.
I don't want to go into the details of the legal procedure involved in seeking divorce by the court as you will find the answer from a couple legal persons in this set of answers.
2007-04-30 07:44:17 · answer #8 · answered by Ishan26 7 · 0⤊ 1⤋
She can ask for a divorce anytime she wants although after 1 month an anullment would be better.
2007-05-02 09:54:17 · answer #9 · answered by Jesse's Girl 2 · 0⤊ 0⤋
In such an eventuality, the girl must pay a heavy price in the form of maintenance and damage for the reputation of the husband. She should be cursed by all.
2007-04-25 07:22:10 · answer #10 · answered by Anonymous · 1⤊ 0⤋
This is one of the crazy ones... I think she was not mature enough for marriage in the 1 st place... This is not a country like Iraq where you re marriage is prearranged.. Try an annulment at tell her to seek therapy.. For the love of god!!!!
2007-05-01 10:34:01 · answer #11 · answered by Anonymous · 0⤊ 0⤋