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Divorce on grounds of mental cruelty and adultery
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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.
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Second marriage
Baga asks,
At the age of 16, I was forced to marry a 31 year old man. Since my father was ill, family members tortured me and arranged the marriage. I have a son from this marriage. He is 13 years old now. For 13 years now, I have had no relation with my husband though we both are living together. Now I want to marry a guy whom I like. Do I have to apply for legal divorce? My birth certificate and marriage invitation shows that I have married at the age of 16 so I think the marriage itself is not a valid one. Am I right? Or do I have to apply for a legal divorce and then re-marry?
Dear Baga,
As per the brief facts as narrated in your query, depending upon the statutory personal law under which you are governed and have got married. You will have to apply for divorce depending upon appropriate strong and valid grounds and seeking the appropriate relief's. Please note that without a valid court's order or a decree of divorce from the family court you can not get married the second time.
Remarry without a divorce
Pinal Patel asks,
I am legally married to a person in India, but have never lived with him. Our divorce case is going on since 2 years. And right now I am in US on F1 visa. That person is not willing to give me a divorce. Is there any solution to this issue? Can I marry a person in US even if the divorce case is going on in India?
Dear Pinal,
Presuming that you are Hindu and have got married and duly registered your marriage under the Hindu Marriage Act 1955 or Special Marriage Act 1954. Firstly please note that you can not get married unless and until you get a final court's order or decree from the Family Court, as per the facts as mentioned in your query, since your divorce case is pending, you will have to wait up till its due finality. You will have to follow up with your case appropriately and conduct the proceedings for its final outcome.
Cruelty and adultery
Minerva asks,
I'm a Phillipino passport holder married to an Indian had a Catholic & registered marriage in Mumbai. I have two kids 7 & 2 1/2 yrs old who are Indian passport holders. I have a permanent resident visa for 15 yrs. (PIO) issued by the F.R.R.O Mumbai and currently staying in our matrimonial house in Colaba. We are currently in a marriage crisis right now and he's been mentally & emotionally abusing me and demanding me to leave the house every time we have a fight. I suspect he's having an affair with a common friend of ours. Do I have the right to stay in our matrimonial house even if he throws me out? Can I take my children abroad without his knowledge without me getting into trouble with the authorities? What is my chance of filing for divorce & getting custody of my children and in what grounds should I file for? What if he stops supporting us financially once I take legal action? I have money here how will I get legal help?
Dear Minerva,
You can definitely file for divorce at the place of jurisdiction where you reside and can seek appropriate maintenance for you and your children during the pendency of the proceedings. You have full rights to stay in your matrimonial house since you are a legally wedded. If he prohibits or throws you out of the matrimonial house and still you wish to stay with him, in that case you need to urgently move to court seeking urgent reliefs may be for restitution of conjugal rights for keeping your marriage alive and for other matrimonial relief's as required. If you want a divorce and custody of children you have to file a petition for divorce on grounds of mental cruelty and / or adultery and may also seek for the custody of your children. You and your children shall also be definitely entitled for maintenance from your husband. You must seek legal help at the earliest to avoid future complications.
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