• Seeking for divorce

My previous question " Seeking for divorce

Hello. I need your urgent help. I have done my B Pharmacy in 2012. My parents got me married to Vaibhav on 15/06/2014 as he stated himself to be Diploma in Mech Engg. and working as a permanent employee for 25,000 salary per month. We did not do any initial verifications pertaining to his documents. But after marriage he failed to get every months salary. As i was working in medical i only ran my house my paying rent. Due to continous pressure of my parents on him, he has confessed that he is 10th pass. Now I want to get divorce but he and his family are threatening to destroy my family. Also he has sent letter of baseless allegations on me and my family. So it seems he is not willing to give divorce easily. So should I go for 420IPC and 498 A IPC on him? I want to get rid of this mess ASAP. so what should be done?"

1. As per given advice, I had lodge a complaint to women cell and as per their updates they had called boys family to present on 16th May. But they have reported to their office.

2. Meanwhile, boy's family submitted an application of extortion against my dad and brother. So we were called to concerned police station. 

3. My dad and brother went their and apprised PI with the problem(cheating and torture) we are facing due to our in-laws

4. PI scolded the complainant(Boy's uncle) and boy's dad and asked them to bring boy's certificated and pertaining documents. He said if he find your documents fake then he ll book them under required law.

5. So yesterday 20th May we went there again. This time we also called our one of the mediators who knows both the parties very well.

6. Mediator had a verbal altercation with one of his uncle which resulted in a fight wherein boy and his family thrashed mediator in front of police station. My brother stood beside me as I thought they would take me away.

7. Police took all of us inside and started taking our complaint. As mediator was bleeding he decided to lodge a complaint against boys family of " Kidnapping me and attempt to kill him".

8. As of now police as taken our application of kidnapping and attempt to kill. 

9. Meanwhile PI scolded boys family and told the consequences they would face if these charges are made on them. So he advised them to give me divorce and escape themselves from this problem.

10. Mediator also said that if they are willing to give divorce then he will take his complaint back.

11. So boys family have as of now agreed to give divorce. For that we are going to sit tomorrow for taking a divorce and exchanging golds and goods we have given them. Meeting will be taken under guidance of an Editor of newspaper who is also a good friend of PI.

12. I assume boy and his family would give a divorce as they might face a charge of 498, 310(attacking mediator) and kidnapping charges.

13. So my question is: 
            if they agree upon giving divorce then making an affidavit for the same and submitting it to Court would initiate the process of mutual divorce?
           ii. Does that affidavit stating that " we have agreed upon taking a divorce and..... " would help us in taking a mutual divorce?
           iii. If i and ii are not effective method then what we should do according to you?
Asked 3 years ago in Family Law from Sangli, Maharashtra
Religion: Hindu
i.Yes, a properly drafted petition of mutual divorce will have to be signed . Then only it can be filed in court. Take help of a lawyer to file such petition in court.
ii. No, it is not. Mutual divorce petition requires a skilled job of an advocate . So engage one for that.
iii. Consult a lawyer to draft such petition.

Devajyoti Barman
Advocate, Kolkata
13141 Answers
174 Consultations

5.0 on 5.0

1) file complaint of cheating  under section 420 against your husband and in laws 

2) you can file for annulment of marriage on grounds of fraud as your husband has suppressed his income and educational qualifications at time of marriage . 

3) please not that application has to be filed within period of 1 year of discovery of fraud 

4) in he alternative you can file for divorce . but divorce petition can be filed only after period of one year from date of marriage 

5) since your marriage has taken place only in June 2014 you can file for divorce only after 15/6/2015 

6) for divorce by mutual consent both parties have to stay separate for period of 1 year prior to filing for divorce . 
Ajay Sethi
Advocate, Mumbai
46745 Answers
2767 Consultations

5.0 on 5.0

1. The interest shown by PI in sorting out this issue, such as by bringing the editor of a newspaper so to speak, is baffling.

2. If your husband decides to end the marriage then both of you may file a joint motion for mutual divorce after exchanging the articles which were given at the time of marriage.

3. If your husband backs out of mutual divorce then you may unilaterally file for divorce on the ground of cruelty.

4. In addition to filing for divorce you may also file charges for cheating against your husband.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Very simple, if he has agreed to give consent for mutual consent divorce,  it is better to file it immediately without delay. An affidavit will not suffice the requirement. Ask him to sign the papers for mutual consent divorce and attend the court on the both the motions for the same.For doing this, the pressure should be mounted on him as well as his parents so that the process keeps going until the desired result is achieved. 
T Kalaiselvan
Advocate, Vellore
36896 Answers
403 Consultations

5.0 on 5.0

After expiration of 15 june 2015 you both can file petition that you are agree to live separate because there is some exceptional conditions exist. Don't indulge in allegation mode, but try to get divorce by mutual consent. Educational qualification is not a valid ground for divorce so don't raise this issue in divorce petition. 

If he refuses to file his consent petition then you can file separate application for divorce and may raise issue of cruelty, deception and false allegation towards your chastity.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1) You can file for mutually consented divorce only after completion of one year of your marriage.

2) It is not enough for an affidavit to be signed by him. You will need to engage an advocate who can draft the petition for a mutually consented petition.

3)The affidavit can form part of the petition and a consent terms have to be drawn up which should firm part of the decree of divorce.

4) Agree to withdraw the criminal complaints only after the first motion of the divorce petition. It would be an advocate rather than an editor of a news paper that should help mediate it at least have your Lawyer in the loop when you negotiate.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

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