Legal Question in Family Law in India

divorce

I ahve been married to a girl. She hide her real date of birth and height. According to her biodata she was five ffet three inches. But in actual after marriage was solemnized I found that she is just five feet tall. Also her certificate date of birth is JAnuary 1980 and in actual it is navember 1979 or 1978. I still dont know the real date of birth. I feel fooled when I see her. Presently she is living with my father and mother and I am away from her as I am employed in a different place. I felt so bad that I have not even consummated my marriage. The marriage was solemnized in normal Hindu ceremony. please advice the prospects of divorce. How much time it will take? whether it is a right step? whether not consummating the marriage will help me in thenlegal battle? How much time I can legally wait or by what time (maximum) I must file the case? Please advice soon. Thanks.


Asked on 7/14/07, 6:02 am

9 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: divorce

if its only hight and age then i will not advice to go into divorce.

find something positive in her but i will advice that not start relationship till u are sure that you can live your life with her and she too is perfectly ready for that.

first think about what we all advocates have said then come back later if have any query.

For further detailed advice please consult in person. Consultation charges will apply.

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Answered on 7/17/07, 3:20 pm
rajeshwar sharma rajeshwarnathsharma

Re: divorce

there is no hard and fast rule which says the period for decision of the divorce case as there is no limit at all.

You may file divorce case on the ground of cruelty.

For further query contact me

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Answered on 7/14/07, 9:08 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

good evening

you may file a divorce petition on the grounds based on cruelty

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Answered on 7/14/07, 9:32 am

Re: divorce

your question is depending on mental feelings.

Our hindu laws says nothing is wrong if 1000 times lies for performing a marriage.

Telling wrong hight and knot knowing the date of birth will not effect any body, but you are going to battle it would certainly effect /suffer some one.

If the other parties agree to take divorce, you can get divorce soon, if the other party contest it would take much time some time you may going on contesting through out your puberty age.

It is better to under one another and lead happy marrital life.

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Answered on 7/20/07, 7:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

you seems have gravely wrong notions about marriage and divorce;

you saw the girl before marriage; about date of birth, that is not a big issue; your statement itself contradictory; the dob as per the certificate has to be accepted as correct;

please try to settle your life with your legally married wife; otherwise, there may be problems for you and your family.

the girl is entitled to several rights under law and u cannot just abandon her like this.

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Answered on 7/14/07, 12:43 pm
kavitha balakrishnan kpp associates

Re: divorce

we understand - it is not the height or date of birth that is bothering you! - it is the feeling of being fooled or cheated!

just for a moment sit and think it over what is actually your problem and will it be over if you get a divorce! - was it actually her fault for not telling you all facts and figures before you got married!

finally does she deserve to be push out for no reson or fault of hers!

talk to her and think against - love is the most wonderful thing in the world - it makes magic - some faults does not matter - it is the feeling of oneness and living for each other counts! all these are not bestowed they have to be developed and cultivated!

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Answered on 7/18/07, 12:32 am

Re: divorce

I donot advise you for divorce.The grounds stated by you are not sound for seeking/getting divorce.In fact your wife is entitled to seek divorce on the ground of non consumation of marriage and that too because of your prejudices and she can even ask for nullity of marriage.These days laws are in favour of women.there is no definite time for getting divorce and it may take decades also if your wife fights the case.If your wife allege that marriage could not be consumated due to your immpotency than there is no law to falsify her allegation.Your wife has upper hand,so donot invite trouble and donot try to open pendora of battle.So,It is advised to forget the past and start a life afresh

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Answered on 7/14/07, 1:51 pm

Re: divorce

your question is depending on mental feelings.

Our hindu laws says nothing is wrong if 1000 times lies for performing a marriage.

Telling wrong hight and knot knowing the date of birth will not effect any body, but you are going to battle it would certainly effect /suffer some one.

If the other parties agree to take divorce, you can get divorce soon, if the other party contest it would take much time some time you may going on contesting through out your puberty age.

It is better to under one another and lead happy marrital life.

Read more
Answered on 7/27/07, 8:29 am
Alok Sharma Alok Sharma & Associates

Re: divorce

Divorce is not so simple as you think and not available for asking. In fact on the facts mentioned by you, you dont stand a chance of obtaining a divorce. Further as a member of society i dont support your conduct.

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Answered on 7/15/07, 12:29 am


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