• Matrimonial issue

Hi - I need legal advice regarding a matrimonial case. I'm married to a girl who filed a false promise to marry case under section 376 on me in 2018. Under pressure, I had to get married to the girl soon after lodging the case and eventually the girl got hostile in court in 2021 and the court gave an acquittal order. Now, there is no case pending under section 376, however, I have been living with this girl for past 1 year in Bahrain (where I work) but there is no love respect and trust between us and I do not wish to pursue this marriage however she would like to stay in Bahrain with me and does not agree for the separation even if we do not talk to each other staying in the same home. 

- I'm looking for my available options in terms of divorce or separation. 
- I would also like to know what are the remedies available to the girl if she does not agree and choses to stay with me in the same home in Bahrain. 
- Further, I'm also cautious that she might try to trouble my parents in India and claim to stay there which I do not want and appreciate your guidance in restraining that to happen?

Thanks and regards
Asked 1 year ago in Family Law
Religion: Hindu

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7 Answers

You can file mutual divorce in the said case it will be quick and beneficial for you both. 

Don't stay with her with your parents. Try to give her alternative accommodation at the most

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Client,

You can file mutual divorce, it will be beneficial for you both.

Don't stay with her along with your parents.

Try to give her alternative accommodation if it is possible.

 

Thank You.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can only file for divorce on expiry of one year of marriage 

 

2) if you are unable to prove allegations made in divorce petition you would not get divorce 

 

3) in event wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

 

4) your parents can obtain restraining t order restraining you and your wife from disturbing their possession of house 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Any divorce obtained from foreign Court against Indian citizen is not valid and not enforceable by Indian Courts. Such divorce decree is worthless, it will not at all affect marital status of husband and wife. You need to obtain divorce by Indian Court. Anyone of you can file divorce in Indian Court through GPA but at least one party should be present in India. The other party can appear in Court through video conference.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If you would like to dissolve your marriage you can first ask her to agree for mutual consent divorce by sending a legal notice to her through post tothe same address where she is residing now even though it may be the same address where you are residing.

If she is not agreeing for mutual consent divorce then you can file a contested divorce case on the grounds of cruelty.

Once  you file a contested divorce case she may resort to legal terrorism namely filing false cases under dowry prohibition act against you and yor family members.

In that case you can obtain anticipatory bail and get the case challenged properly on merits with the support of documentary evidences in yor side. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Return to India with her with some pretext and thereafter file a divorce suit against her on the ground of cruelty submitting evidence in support of your allegation. Ensure that she gets the Notice served upon her in India. Sghe need not agree for the divorce. It will be the Court who will pass the decree of divorce if your Advocate can prove your case properly.

 

2.  Your parents, particularly on whose name the house property stands, shall have to file a police complaint against your wife and your inlaws complaining about their threats to dispossess them from their house if the title of the property is not conveyed in her favour. Thereafter your parents shall have to file a declaratory suit praying for an order declaring that the property belongs to its title holder only and no one can stay therein without their consent. Alongwith that suit, an application under Order 39 Rule 1 & 2 shall have to be filed praying for an injunction order restraining you and your wife to enter in to their house. Your name also shall have to be included since as otherwise she will enter their house along with you on the ground that wife has the right to stay at the place where her husband has been staying, as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

- As per law, if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Hence, if she is not ready to give divorce i.e. for mutual divorce , then you can file a divorce petition in India with the help of any relative on the ground of cruelty and separation. 

- If she not appears before the Court in India , then the court may pass ex-parte decree of divorce in your favour 

- Further , as she is working in Bahrain , and your parents are residing there with you , then she cannot file a case against your parents in India. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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