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Author Topic: seeking divorce on No faut basis or irretrievable breakdown of marrige  (Read 1321 times)

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Offline amruta27

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Case details-

I did love marriage in July 2007, my age was 21 years and My husband's age was 30 years then. I had not informed my parents about it and went back to my parents home immediately after marriage ceremony done in temple and court. I was student, not even completed by graduation. I had few obligations to complete before i could shift to husband's house. My elder sister's marriage , my degree, job , career etc. He was completely okay with waiting. Our marriage was consummated. But 3 years after marriage, feelings of love shaded from my side. Still, i had decided to fulfill given commitment as he also cooperated with me by being patient and allowed me to stay at my parents home. but later on i realized, i can't do justice to him and our relationship, if the base of love marriage has vanished. and there is no point in dragging this marriage only for duty towards him. I explained him this. from Feb 2012 till date, i have been convincing him for mutual consent divorce. He is not ready. he is still firm on his stand of not letting me free. I don't have any ground to file case against him in court, as he never tortured me otherwise. i approached him several times explaining and requesting for divorce, he ended up with abusing me and threatening me of creating problems, troubles by saying if i think of marrying someone else, he will harass me. Its been almost 8 years to the marriage, we never stayed in one home together for one day also. Did not have any sort of relationship with him for past 5 years.

He is not ready for mutual consent divorce and i don't have any ground to file divorce case against him, but its a mental cruelty to keep me in virtual cage and not letting me live freely.

there is provision of No-fault divorce and irretrievable break down of marriage. Is it applicable in my case?

Humble request to advise legal remedy to obtain divorce.

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Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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It is true that irretrievable break down of marriage is not a ground for Divorce as per Indian Marriage Law. You have said that you are not residing with your husband for five years. So it will be good ground for you to go for divorce under the ground of desertion more than two years.


Amarnath Sanyal
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Offline advocate-lyngdoh

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You file for contested divorce on grounds of cruelty, desertion etc you have to build a case to convince the court that your case is a fit case for granting divorce.

If the court is not convinced you won't get divorce.

you have to understand  that the court's primary duty is to save marriage not grant divorce.

hence in contested divorce building a fit case for divorce is most important.

your plaint has to be convincing.
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline adv.amarnath

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Let me alert you that making allegation in the plaint on several grounds shall not be enough. It can only argued when it is corroborated with evidence, whether primary or secondary. 

Amarnath Sanyal
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