Hello Maam/ Sir, One of my friend who never wanted to get married to this girl but eventually under family pressure said yes after engagement he fall in love with a girl and they tried to stop the marriage, even the girl said to legal help but the boy was afraid because he thought the girl's family will file a complain. My friend under family pressure got married even he eloped from the house one day before marriage. now the circumstance is he not happy with this marriage and have a fear for getting divorce because of the high cost and false cases by the family of girl. He has initally onformed the girl about his relation with the other girl but she did'nt took a stand, he is emotionallly and mentally vulnerable and says he will bear all the pain silently. how can we help him. He belong from Dausa, Rajasthan and the girl also belong to that area, typical small town girl , he feels shame to introduce her to his friend,they have no emotional understanding neither the boy loves him. day by day his health is getting worse and the other girl is also in pain as they both were in physical relations too, which was mutual and not based on lust. The sad part is my friend has told everything to his father by his father didn't take a solid decision and thought every thing will get fine with time. Why this divorce system is so complicated for males.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You should not ruin the life of your wife
2) she comes from small town wherein divorce would be stigma
3) better visit a family counsellor with your wife to resolve your differences
4) contested divorce proceedings take 5 years to be disposed of
5) forget your girl friend
Dear Client,
It is advisable to go slow and easy, otherwise, possibilities of false cases by girl and family.
If case file, situation will become more deteriorated. He can file diovrce but this ground is not good, that he loves some else.
1) As per Section 11 of Hindu Marriage Act, 1955, which deals with void marriages described as the marriage solemnized after the commencement of the Act shall be null and void and become null and void by presenting a petition through any of the party on the basis of the above mentioned grounds.
2) Below are the parties who can file the petition before the concerned court for the annulment of the marriage:
a) In case the petitioner gives any consent for more than an year after the fraud committed by the other person.
b) In case, the wife is pregnant with some other person at the time of marriage and the person to the marriage is not aware about the happening.
3) Annulment Process
Basically the process of annulment of marriage is not a common process therefore a person applying for the annulment has to meet the residency requirement where he/she is staying. Thereafter the person can file the petition where he was born, the marriage was solemnized or has been living together and has to stay for continuous 90 days period before filing the application. The procedure for the annulment is almost similar to the divorce proceedings and can be filed by any of the party. However, the divorce is considered to be the most complicated process as compare to the annulment.
Sir the complex divorce system is made in India seeing the family structures and vulnerability and the marriage as an sacred institution the view of the court is there should be least divorce whilst in the western countries the concept is if the are not happy they should move on and start new life.
Now for your friend see the best option is to go for a mutual divorce the wife has to consent to it. she has to be informed of the fact that if he is not happy with her it wont be of any use in life.
if in the case she is not agreeing he has to file a contested divorce on ground of cruelty and he has to go through all the legal procedure the false cases by wife can also be filed against him further the contested divorce takes time.
Judicial system is entirely complicated. You're saying that nobody took a stand for your friend but the matter of fact is your friend didn't even took stand for himself as he could have said no to the marriage, and maximum that could have happened is a recovery suit of money by the girl's family.
So, my advice to your friend would be to go for mutual consent divorce as it is the best way out, otherwise contested divorce takes a lot of time, and like i said, it's going to complicated.
If there is no sexual relationship between him and his wife and the marriage has not been consummated so far, and also if the marriage is within one year as of now, he may file a petition seeking annulment of marriage on the grounds that his marriage was forced on him against his willingness.
This can be a ground and steps to be taken for quitting his married life with her.
There is no complication for men or women in the divorce system, they may have to adhere to the formalities as per the provisions of law for getting the marriage dissolved by a decree of divorce.
