• Divorce

I'm frustrated with my husband and marriage.Im married in a church and didn't get married in court. I have tried living without in laws, long distance etc. Just cant take it anymore. Iwant a divorce. I have a property on joined ownership (me and hubby). And a 3 year old daughter. Not sure how to proceed. Want my hubby to continue paying the home loan and  give me my daughter. Pls help. Need advise. Can I annul my marriage .any other options
Asked 8 months ago in Family Law from Mumbai, Maharashtra
Religion: Christian
In your case , at the time of marriage in the church, the couple has to sign a register. This step automatically registers the marriage under the Christian Marriage Act. This register acts as the recognition of the marriage under the civil law. The procedure for Catholic divorce, however, is dual. First the couple has to seek an annulment from a church tribunal. Then the couple has to repeat the procedure in a court of law.

Life has an unexpected experience occurred in any time.  Childrens are fragile, handle them with care. Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. 

You can seek relief’s including protection orders, residence orders(Right to stay in matrimonial home),monetary reliefs,custody orders, and/or compensation orders under DV Act.The primary aim of the Protection of Women from Domestic Violence Act, 2005  is to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. 

Grounds for decree of divorce :-
- That the respondent was impotent at the time of marriage and institution of the suit;
- That the parties are within the prohibited degree of consanguinity or affinity;
- That either party was a lunatic or idiot at the time or marriage.
- That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force.
- Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
Under Section 10, the wife can seek the marriage be dissolved on the ground-
- that her husband exchanged professing Christianity and gone through a form of marriage with another woman;
- incestuous adultery;
- bigamy with adultery;
- marriage with another woman with adultery;
- rape, sodomy or bestiality;
- adultery coupled with cruelty and
- adultery coupled with desertion without reasonable cause for two years or more. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) you need to obtain divorce   decree from family court in Bombay 

2) you can seek custody of the child 

3) since flat is in joint names both have to pay the EMI of the loan 

4) court will not grant you annulment 

5) you can annul your marriage in church after obtaining divorce decree from court 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
You can propose mutual consent divorce to your hubby, if he does not agree to this then filing a petition for dissolution of marriage is the only remedy for you. To get the custody of your daughter you have to file a separate petition for child custody which will be decided on the touchstone of welfare of child.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, you can file a petition for divorce on the ground of cruelty and if your husband agreed you can release your right by executing release deed in favour of your husband.

2. It is better tried to settle the matter amicably and go for mutual consent divorce.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) In your instance mental cruelty is the only ground on which you can approach the Court for obtaining divorce from your husband as mere frustration cannot be a ground to obtain divorce in a court of law.

2) You cannot get your marriage annulled in a court of law. Annulment of marriage is done by the church after you have obtained a civil divorce in a court of law.

3) In your petition seeking divorce you can raise the demands for maintenance fit daughter, her custody and for residence by way of paying the loan.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
It is better to file mutual consent divorce.  If he does not accept for MCD, file normal divorce petition, but it may take 3 to 4 years.  You can ask court for maintenance, if you are not employee.  

You have not mentioned on whose name the property loan was taken (borrower).  Bank is no way concerned with your internal disputes. If the installments are not paid, the bank will sell the same as per SARFAESI Act and recover the dues.  

If your husband claims custody of your 3rd old daughter, you fight before the court.  The court grands the child, where there is good probability of her welfare.  You have to convince the court that you have best probability to give her good food, shelter and clothing and love and affection.  

If there is no consummation at all till your marriage, you can file divorce under voidable marriage to declare the marriage as null and void.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
You cannot file for annulling the marriage at this stage. 
You can file a divorce petition before the competent court of law on the grounds of cruelty.
As far as the property is concerned you may claim your share and hen can transfer the same on your daughter's name by keeping yourself as a guardian for the minor child until she becomes major by age.
You cannot compel him to pay EMI for the property, you may have to contribute your share for the same. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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