Contested matter

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    • #520

      Hello all,

      I request you all for your suggestion and advice.

      My brief details:

      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 but she has an affair with another man and finally the fighting ended 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 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 on the ground of adultery seperation more than 2 yrs and cruelty by her criminal cases on me and my family after 5 years of seperation, DV,498 ,323 etc.And also she has surrendered my passport in passport office informing about cri.cases. i was not able to prove adultery as i dont have proofs.i have also witnessed notary in order to prove my stamp paper divorce took with her consent.We tried to prove desertion since she is living seperately for more than 7 years now & crulty by 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,in 2007 once she has given application to family court in which she has accepted notary divoce at that time.

      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. 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.

    • #3145

      Under MORAL grounds … Yes you have a strong case

      under legal grounds ,… well …you may not get divorce

      so… what are the options ?

      Option 1 – continue fighting divorce for donkeys years & forget about marriage

      Option 2 –

      – do NOT get re married,

      – do NOT pursue divorce vigorously

      – Read and understand the law

      – Become an activist

      – Join our weekly meetings, morchas and other goup activities

      – read and understand the law

      – read and understand the law especially about jut having a friendship and NOT getting married

      – continue your friendship with the other woman …

      more after you have decided your path

      Option 1 ….. or Option 2

    • #3146

      I think this is not the answer of my problem i need a specific answer since i hope that you guys are experience and trained persons. How worst the law of country is but there is always some way and that could be given from a good adviser, Govt. has made the law in the constitution under divorce act and special marriage act for all religion and there are many judgements of HMA from HC and SC about the divorce judgement on cruelty desertion and also on irretrievably breakdown of marriage.

      I need expert advise those who know the law in depth..

      Anyway thank you all…

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