Posted: 07 August 2012 at 1:28pm | IP Logged
one Q and Ans which i came across while reading about divorce...
I got married 2 weeks back of this month, There was almost 16 months gap between our marriage and engagment. Me and my fiance do not want to marry with each because we are totally different in attitude and behavoiurs, we do not have respect for each other. When, we put our opnion towards our parents before marriage, my family got agree on this, but due to girls's parents pressure my family took decision to do marry.
Now, situtation is this my family and me do not like that girl, same feeling that girl have for us. We can not adjust with each other for a single minute. We both want to divorce with mutual consent as soon as possible before any body commit suside before divorce.
Girl's Parent do not want that we take divorce, but girl is want to take divorce. On this pressurised marriage, can any ground become to take divorce with mutual consent and we are strongly dicard this marriage. in how many time we will get divorce
ans.....As the general rule the divorce can not be obtained within one year of marriage, however in exceptional cases this can be obtained after taking leave of the court for filling and obtaining divorce for reasons which show exception circumstance exist for doing so.
Another suggestion in such case as the marriage is only two week old and as this marriage was solemnized under duress or force, it should be annulled by decree of nullity on this ground itself.
The parents of the wife had pressurised both the bride/wife as well the groom/husband and his parents for the marriage and the evidence of these people shall be sufficient for obtaining the decree of nullity from the Family court.
The wife too want dissolution of marriage, hence it is suggested let the husband file for annulment of marriage on this ground of use of force for the marriage against the wife, the wife being served with notice of the court, receive it and remain absent on the next date of ger appearance in the case.
The court in such case finding proper service of notice to the Respondent wife shall proceed Ex-parte against her, record the statement of the Petitioner husband and his parents, pass order of annulment and grant decree of nullity to them.
Two certified copies of the decree can be obtained from the court and each of the parties have it for their use in future.
Need not involve the parents of the wife in the court proceedings otherwise they will once again play the sentimental drama there and force their daughter to resist the petition of the husband in the family court thus spoiling smooth sailing of the case for obtaining the decree of nullity expediently.