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Marriage Acts and divorce
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...
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Mental cruelty
Saroja asks,
My marriage is of 6 years. I have 2 kids age 3 and 1 1/2 years. I am a housewife. My husband has a doubtful nature from last 6 years. He always quarrels on petty issues. He is working as a civil engineer, in a private firm. If I divorce him, will it be speedy and will I get compensation to raise both my children?
Dear Saroja,
You could definitely file a Petition for divorce on the grounds of mental cruelty under section 13 1 (id) of the Hindu Marriage Act or under section 27 (d) of the Special Marriage Act depending upon your Marriage registration. You could also apply for compensation and maintenance as you legally entitled.
Age difference
Harry asks,
I am intending to marry a widow, a Canadian citizen. But I am very anxious about the problems which I have to face because after her husband expired, she married a guy from India who was 6 years younger to her and the person left her after one month of stay in Canada. Now she is filing for divorce. I want to know what will be my problems as I am 8 years younger to her and how can I make my case stronger. I am 30 and she is 39. I am never married. She was born and brought up in India but was married in Canada. Now she is living there since 14 years without any issue.
Dear Harry,
From the plain reading of the words spelt out in your query and from what we understand, we would opine that you need to check and have a clear Matrimonial legal status with regards the proposed Canadian lady whom you intend to marry in Canada. All that you need to get is a clear Canadian Court's Order with regards her matrimonial status for your proposed marriage.
Legal age to marry
Tushar asks,
I am a 20-year-old man in love with a 20-year-old woman. I live in Sydney but my girlfriend is in Delhi. We intend to get married. Do I need to be 21 to issue a notice of intended marriage? Can I issue a notice in Dec and get married the next day I turn 21 year old?
Dear Tushar,
Yes you need to complete 21 years of age legally, to issue a notice for your proposed intended marriage.
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