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Legal service India => Marriage => Topic started by: Gio on December 12, 2017, 06:30:34 AM

Title: Leagal rights in Divorce !!
Post by: Gio on December 12, 2017, 06:30:34 AM
Hello,

This is Gio Joy, working in KSA  I have recently married in the month of September 10th.

After the marriage, my wife doesn't act as a wife towards me apart from bedroom activities.I thought she is new to the family and it will take some time to realize to understand the reality.Days passed I have to come back KSA for my Job.

She changed entirely once I arrived in KSA, after 1 week I got to know that she got sivior urine infection and she didn't go to duty for 2-3 days.she hated me more than anything else.days passed there is no any change in her attitude.I approached her mother and narrated the issue.After one day I got a shocking news that I have raped her on those days, which has not happened.And I don't have any proof.


Why I am here means as per her behavior she is well enough bold and she can accept everything.She is an Airline professional.Her Family doesn't want to talk to my family for any kind of discussion.My wife sends me a message like I will receive the divorce papers soon.I didn't expect this situation happened in my life.

1.She is staying in a hostel.not going home since I arrived in KSA
2. She took her all clothes to hostel when I was in Native-Reason is there is some fungus attack in cloth cupboard


I am in a depression stage now not able to work and talk to anybody because of this issue.I am not feeling any self-respect by myself because of my wife. I narrated to my parents whatever happened in the bed room.At last, I am a loser in my life .may be I cheated by her.


So kindly reply me what should I do?
Title: Re: Leagal rights in Divorce !!
Post by: advswagata on December 13, 2017, 06:28:24 PM
As of now nothing to do on your end wait for her to take the first legal step.
Title: Re: Leagal rights in Divorce !!
Post by: Gio on December 13, 2017, 10:04:00 PM
 ok..thanks
Title: Re: Leagal rights in Divorce !!
Post by: Gio on December 17, 2017, 10:22:31 PM
Can Anybody tell me what is the eligibility to divorce in christian marriage in Kerala? how long will take to get it while opposing the both parties? and the duration for mutual?
Title: Re: Leagal rights in Divorce !!
Post by: advjaibansal on December 18, 2017, 05:07:08 PM
Dear Sir,

The divorce on the grounds of mutual consent can be filed after one year of marriage. The divorce proceedings can take six months from the date of filing of the first motion petition.

Regards,
Jai Bansal, Advocate
Supreme Court of India
9868566649
bansal.jai@gmail.com
Title: Re: Leagal rights in Divorce !!
Post by: Gio on December 19, 2017, 04:26:24 AM
Today there was a meeting between My parents and My wife parents.So as per her parent's, they are not interested in the marriage relation.I heard that her mom was asking there is dissolution before 6 months.Is there any scope for that?As per My concern Based on a leading legal adviser from Kochi (for divorce) the eligibility for divorce is after 2 years only, which is the new rule in Kerala.
Title: Re: Leagal rights in Divorce !!
Post by: emma08482 on December 28, 2017, 01:04:50 AM
As of now nothing to do on your end wait for her to take the first legal step.

You are right , I also suggest you are do as it is.
Title: Re: Leagal rights in Divorce !!
Post by: Gio on December 31, 2017, 11:48:49 PM
Is there any law available that my wife claims a false case of sexual harassment even after one-year against me??
Title: Re: Leagal rights in Divorce !!
Post by: kalaskarkk on January 01, 2018, 02:41:19 AM
Dear friend,

I am shocked to hear your story. You may go for mutual divorce. If you can, you pay something and get rid of her as soon as possible.

The law of  divorce among the Christians in India is follows:

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.
 
The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…
o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.
o      Has been guilty of incestuous adultery.
o      Has been guilty of bigamy and adultery.
o      Has been guilty of rape, sodomy or bestiality.
o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.
The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869…
o      Dissolution of marriage
o      Nullity of marriage
o      Judicial separation
o      Protection orders
o      Restitution of conjugal rights.
The Courts also have powers to:
o      Order adulterer to pay damages and costs
o      Order alimony, pendante-lite (pending decision of the Court) or permanent
o      Order settlement of property
o      Make order as to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides for obtaining a decree for judicial separation on grounds of
o      adultery
o      cruelty
o      desertion, without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.
Title: Re: Leagal rights in Divorce !!
Post by: stoney on February 08, 2018, 11:06:55 AM
Dear friend,

I am shocked to hear your story. You may go for mutual divorce. If you can, you pay something and get rid of her as soon as possible.

The law of  divorce among the Christians in India is follows:

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.
 
The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…
o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.
o      Has been guilty of incestuous adultery.
o      Has been guilty of bigamy and adultery.
o      Has been guilty of rape, sodomy or bestiality.
o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.
The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869…
o      Dissolution of marriage
o      Nullity of marriage
o      Judicial separation
o      Protection orders
o      Restitution of conjugal rights.
The Courts also have powers to:
o      Order adulterer to pay damages and costs
o      Order alimony, pendante-lite (pending decision of the Court) or permanent
o      Order settlement of property
o      Make order as to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides for obtaining a decree for judicial separation on grounds of
o      adultery
o      cruelty
o      desertion, without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.


Mr Kalaskar thanks for sharing this info. It is indeed helpful and perplexing at the same time since it mentions what all the wife can claim divorce for and doesnt mention the grounds a christian husband can use to get a divorce or separate from his wife. This I mention keeping that indian laws and not gender-neutral and more so anti-male.

Could you provide any guiding light w.r.t the law on that pls?