He is kiddish and very dependant on his family for everything. His family interferes a lot and pamper him big way. He is not able to take any decisions on his own, actually he does not want to take decisions so that he is not held responsible for the outcome of his decisions. Since its my 2nd marraige, though i had doubts if this too would work, my family felt i should reconcile this matter. Therefore, I spoke to his father and wanted to compromise by sorting things with him but they dont even let me talk to him. Only his father talks from their side. They say my husband is not to be involved in this and his father will decide all. So now i want a divorce. i am in UAE while he is in USA. We married in India but can i file for divorce in UAE? how & on what reasons? Married for 9 months now of which we were together for 36 days. Please guide me..... specially lawyers or people aware of law in India and UAE. Probably this will be a special kind of case. Also can this marraige be annuled?
2007-08-21 22:45:03 · 22 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Now this is a legal issue which has to be dealt very carefully. Firstly since you are both Indians & must have married in India according to Indian Matrimonial laws concerning your religion or in the civil form which I’m not aware, but in any case the original jurisdiction to file a case of divorce in your case is definitely India & place where you got married or last resided together in India. There is an exception to this rule which is that you both can seek divorce outside India if you both agree to get such divorce according to the local matrimonial laws relating to foreigners in that country & summit to that family courts jurisdiction of that country. Here let me make things very clear that this decision to get divorce under those provisions & by that family court of the foreign country should be mutually agreed by both of you & there should not be any force or fraud or unnecessary influence used by either of you to get such divorce. The jurisdiction of the family court of the foreign country that grants you such divorce is also very important & it should be equivalent is status as in India, here the family court is of the District court level & so it should be in that foreign country. The third important issue regarding such cases is that such matrimonial law applicable to Indian foreigners in that country should be in consensus with the Indian matrimonial provisions applicable to you both, what I mean that these should not be such which are otherwise not applicable to you both as in India because of your religion or otherwise. Any decree of divorce passed by a foreign court shall be legally valid in India as provided under section 13 of the Civil Procedure Code, if the conditions as provided in this have not been infringed. Now coming to your problem that you stay in U.A.E, first get the information from a local Advocate of that country if there exist any such matrimonial provisions relating to divorce for any foreigner in that country, according to my information yes there exist such legal provision in U.A.E., if this is correct then contact your husband & seeking his approval for such divorce. If you are luck on both these issues then proceed for the divorce accordingly keeping in mind the general rules applicable to such divorce I told you here. Just few days back one of my clients had taken divorce from his wife by mutual consent according to the local Iranian matrimonial law applicable to non Muslim foreigners, such matrimonial provisions exist in that country so does in other countries too like USA etc. The second option for you is to go in for divorce proceedings in USA courts by mutual consent where he lives. As far annulment of marriage is concerned there exist no grounds in your case for the same & divorce is the only solution for dissolution of this marriage.
2007-08-22 01:04:32 · answer #1 · answered by vijay m Indian Lawyer 7 · 8⤊ 0⤋
You should try to settle this marriage, even you want a divorce, mutually instead of dragging this matter to a civil court. You have not mentioned where you got married, whether in India or UAE. If in India you have to file the case in a court in India only and better to be in the jurisdiction of your home town.
Secondly, the reasons you are going to mention seeking a divorce should be a substantiative one. Not that he is not a responsible husband, too much depend upon his father, lazy fellow, etc., etc. do not hold good before the law.
Thirdly, I do not understand how you have taken such a drastic decision of getting married second time to a person who is not fit to be a husband of you or anyone (i got this clue from your write-up itself).
I am not a lawyer but from certain practical knowledge I had given advice to you.
Do not take this as a final solution.
2007-08-21 23:00:50 · answer #2 · answered by BLOWHOT 3 · 0⤊ 0⤋
Hi,
I don't understand much about arrange marraige. For us, we need to get to know the person, fall in love, then marrie. Even like that marriage fails. Since he lives in the US and you live in another country, it's hard to build a relationship and get close with your husband. Do you like this man? Are you allow to choose the man you want without getting arranged by your family?
2007-08-22 05:09:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First you need to talk to your husband and see if he is agreeable to a divorce by mutual consent u/s 13-B Hindu Marriage Act, assuming you and your husband are Hindus. If he is willing to divorce you things will be a lot easier for you. If he is unwilling for a divorce then you can file for divorce in India u/s 13 of Hindu Marriage Act. The grounds can be a. that he is suffering from mental disorder and unable to perform his marital obligations b. for cruelty c. you can also try to get your marriage annulled by applying for a decree of nullity of marriage on the grounds that before marriage vital facts about your husbands mental health have been concealed from you, but you need to make sure you do this within 1 year of your marriage and avoid sexual relations with your husband or else this will amount to consent and connivance on your part after knowledge of facts about your husband. Also, you can approach the local civil court competent to grant divorce in any country where both of you have resided together. The original juridiction will lie with the court having jurisdiction over the place where your marriage was performed or where you lived together in India. A decree by a foreign court is also valid if it has not been obtained by fraud. The laws of divorce vary depending on your religion.
2007-08-22 01:29:17 · answer #4 · answered by Pramod R 4 · 1⤊ 0⤋
You should get out of this marriage as soon as possible. It is awful being married to a mama's boy and I have been there and done that. When he has decided to grow up and become a man then he should consider marriage. If you stay in this relationship his whole family will control you and you will never be happy for the rest of your life. Good luck.
2007-08-21 23:01:23 · answer #5 · answered by marie s 4 · 1⤊ 0⤋
I have same situation my 2nd marriage and my wife is too immature, irresponsible, selfish, materialistic, 24 hrs she talks about how her brother in law helps their family every time, I have two kids and she knows court will award and that’s why she is too too annoying every minute. I am on verge of starting divorce much better to leave peaceful life rather then fight, argue being humiliated all the time.
2007-08-22 03:14:03 · answer #6 · answered by Anonymous · 1⤊ 0⤋
"Look before U leap" is the golden proverb. But in your case wait for some time before taking a drastic action, there might be still some solution. Try to speak to your husband and also try to understand your father in law. They must also be thinking for the goodness of the family as a whole.
On the other hand donot be very dominant on your part that will only complicate the matter.
2007-08-21 23:00:38 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Please think rationale of your decision. Whomever you marry, you will find certain things that you don't like but before taking a decision for divorce, think of that what best you can do in these circumstances. Marriage is not childish act and it brings responsibilities. Try to see things from others' perspectives also. In fact, the talk of divorce of divorce within 36 days of your togetherness is showing your kiddish nature.
2007-08-21 23:00:06 · answer #8 · answered by rajraj_126 2 · 0⤊ 1⤋
I feel so sorry for you. No woman wants a sorry, childish, irresponsible man....that's like being a mother to another child. How old is he?
As far as the laws for divorce in the UAE, you would have to check that out.....women in those countries are usually the property of their husbands, and are not allowed to divorce them.
I wish you the very best.!
2007-08-29 12:02:34 · answer #9 · answered by sugarbee 7 · 1⤊ 0⤋
U must file for divorce in India. But there is really no grounds for divorce, u shall make it work.
U were more experience than many others, it is your second marriage, u should have been careful before marriage.
Now that u have done a second marriage, u must try to make it work, have less expectations or it could mean a lot of trouble to u both ways, whether u continue or divorce.
2007-08-22 02:07:57 · answer #10 · answered by wizard of the East 7 · 0⤊ 1⤋
i think u r better off if u divorce because there is no point in having such a husband. a husband shud be a responsible, lovable, caring person who helps u in everything. u dont have to live with such a person. u will find someone else, as long as u r a human and a nice lady. a person who understands u will be there for u.
husband and wife shud b 1 body and 1 soul. if its not like that, just leave him
2007-08-25 01:35:44 · answer #11 · answered by Anonymous · 1⤊ 0⤋