Legal Question in Family Law in India

Sir,

My details are as follows:I have been married and seperated in just 3 months of marriage and till now its been 7 years i am seeking for the justice. Mine was arranged marriage by caste gujarati christian.Wife is govt employee making 20000/-pm, but she has an affair with another man and finally the fighting ended up with stamp paper divorce in 2005. But this women has very revenging nature and she came to know from the society that i have find somebody for my second marriage and she is NRI. So she is trying to create obstacles in my way so that i dont get divorce decree. i have filed divorce petition in 2007 under section 10 of Divorce Act 1869,on the ground of adultery, seperation of more than 2 yrs and cruelty. By her criminal cases on me and my family after 5 years of seperation, DV,498 ,506,294,323 etc.HC quashed 498 for my all my family members accept me, She has surrendered my passport in passport office informing about cri.cases i have taken this point also in family court to prove her crulty. i was not able to prove adultery as i dont have proofs. i have witnessed notary in family court in order to prove my stamp paper divorce.Also witnessed 2 neighbourhood ppl that this women is not living with me and one of them was also present at the time of notary divorce. We also tried to prove desertion & crulty by her false cases. She has mentioned in family court that she was forced to leave the husbands house. and husband and family has harrassed her for dowry.Stamp paper divorce was also forcefully done etc. Family court judge has rejected my petition.Even though i submitted so many evidence of desertion and crulty. Once she has given application to family court in which she had admitted notary divorce, also that doc i have submitted in family court.

My question is if a person is seperated willingfully with a stamp paper agreement which was purchased by her and signed in the presence of witnesses and since she has harrassed me and my family by false police cases around 8 -9 complaints and after five years DV,498 etc logded by her.Shouldnt a person get divorce on the ground of seperation and crulty since there is no chance of reconciliation,it is irretrievably breakdown of marriage since 7 years. Please advise what to do?and also let me know how much time high court takes to decide the appeal.i dont understand why this judge has rejected my petition.Thank you for your help.

Regards.


Asked on 11/05/11, 5:11 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You have a good case for divorce. If your petition has been dismissed, you may consider filing appeal before the next higher court.

Read more
Answered on 11/06/11, 10:44 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Compromise the matter with her and move a quashing of the FIR against You in the High Court. Feel free to contact the undersigned.

Read more
Answered on 11/11/11, 3:01 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India