See the husband dono have any right as such under the law to claim 40 lakh for divorce in case of mutual divorce if girl want yes he can claim and it can be mutually decided. But through court he cannot.

As wife the girl has right of maintenance form the husband.See since not earning can file.for maintenance in court.

No since for girl it is forced marriage she should file in court for the anullment of the marriage as per se marriage has to be declared void by court. So the annulment has to filed.on ground it was forced and no consumption of marriage.

1. Your thinking is wrong. How do you prove absence of free consent, much less emotional blackmailing, in the court? What you have said is very academic, but very impractical. The courts do not accept anything pleaded in the petition as gospel truth.

2. It is one thing to have a right as a fundamental right, quite apart to assert and stand up for the right. Swathi did not stand up for her right to choose her life partner.

3. Furthermore, under Hindu Marriage Act a petition for dissolution of marriage cannot be filed unless a year has passed from the date of marriage except in case of extreme hardship. This is not a case of extreme hardship.

4. If wife does not want to give to the husband the amount which he has demanded then she can simply reject the demand and then apply for divorce after a year from marriage. In mutual settlement the spouses can pay anything to each other irrespective of the existence if statutory rights.

A divorce can be obtained on the ground of non compatibility cruelity and there are other reasons as well there is nothing like forced marriage an adult can get marry and as soon as the marriage is solemnized the way out is divorce the husband claim in this regard may not be accepted by Court and if she is not working you can claim maintenance under section 125 CrPC as well.

Hii

Husband cannot cliam any money for giving divorce legally..

Wife, if she has not cosumnated her marriage and not stayed with her husband and wants to file a divorce then the chances of alimony depends on court discretion and how your lawyer fight the case .

1) she can file for anullment of marriage on grounds of coercion if she was forced to marry against her wishes

2) petition should be filed within one year of marriage

3) no need to pay husband Rs 4 lakhs demanded by him

Hello,

Ask swati for filing the case for restituiton of conjugal rights and file a case u/s 498A ofthe IPC.

Regards

Right to choose your life partner or whom you associate with is a fundamental right, it is an integral part of the right to life.

in your case marriage is legally performed as per hindu marriage act.

you have to file 498/a and dvc against your husband, if your husband is not agreeing for Mutual consent divorce.

He can't demand money for divorce. She can file for maintenance. She can also file for divorce or if she thinks it is void or voidable marriage she can file annulment.

If the marriage is forced and she wants divorce/annul it on basis of nonconsent and non consummation then she cannot claim maintenance as husband is not at mistake. As well as he can claim the money spent for marriage as well as for defamation in front of relatives.

Hi, it is advisable to file annulment of marraige in court as the consent was obtained through coercion and threat ..There is no need to give compensation to husband

If Swathi is saying that this marriage is void ab initio, the same having been forced upon her, she cannot in the same breath ask for maintenance, because this would amount to acceptance of marriage by her.

She may turn down the demads of her husband.

She must seek annulment of marriage.

Dear Client,

Such marriage is voidable and shall be annulled by court order. Since wife is forced for marriage - not her fault, husband cannot claim from her but from her parents through civil suit neither wife can claim any thing from husband as no fault of his.

Hi

1) Since the marriage is not consummated, swati can claim divorce on grounds of

a) non consummation of marriage,

2) But since the marriage has happened only 3 months ago, swati can either

a) wait for another 9 months before filing for divorce or

b) Apply leave to the court and take permission and file for divorce now.

3) Husband has no right to claim alimony, unless and until he is mentally handicapped. The claim of husband can be ignored.

4) Swati has right to claim maintenance and alimony from her husband. as she has no employment.

Hello,

Swathi has right to claim maintenance under section 125 of the cr.p,c, but once she claims maintenance she can not fight for annulment since she will be admitting to the marriage.

You must understand that Giri has not been at fault and as such he is claiming money for the harassment that he has faced and he may do the same.

if Swathi wishes to come out of this then I would advise you to settle the issue with Giri and file a suit for annulment of the marriage.

Regards

Hi,

No motion for divorce within 01 year of completion of marriage in normal circumstances.

She can file a petition seeking annulment of her marriage for having forced this marriage on her against her willingness.

She can also state that the marriage is not consummated as she is not interested in this marriage in her pleadings in the annulment petition.

Her husband cannot claim any compensation against her for this, no such claim is maintainable.

From examining all the facts of your query I want to say that-

You are correct in saying that it is a voidable marriage and her fundamental rights are violated. Demand for claiming 4,00,000 for divorce is totally illegal and uncalled for. According to latest Supreme Court guidelines and Hindu Marriage Act she is entitled to claim maintenance under section 25(1) of the Act. She needs to file a police complaint in nearest police station in Andhra Pradesh and an annulment petition. Annulment of marriage is a legal procedure which is meant to declare a marriage null or void. A marriage is declared null or void if certain legal requirements were not fulfilled at the time of marriage due to any reasons. The marriage is considered never existed in the eyes of law in the absence of the fulfillment of certain legal requirements for making a marriage certified. This procedure is called annulment of marriage. It is different from divorce. Whereas divorce dissolves a marriage that was existed, annulment disqualifies a marriage that was never existed at all. She can file annulment petition as she was forced to marry.

Better would be to have detailed discussion in such cases.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Dear Sir/Madam,

Husband cannot claim any compensation since law in India yet to be enlarged . Secondly, Swathi should have taken shelter under police if her marriage was being arranged under blackmailing circumstances or if she was threatened by her parents. However both of them can go for mutual divorce otherwise threaten the husband to face several cases under different enactments. The MCD(Mutual consent divorce) is allowed by Supreme court before cooling period of six months.

===================

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...

http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/