i got married in feb 2018 and i and my husband got seperated in 2 months now i want legal divorce
Posted on 13th Jul, 2018
Advocate Adv Jacob
Answered on 18th Jul, 2018
S. 14 (1) of the Hindu Marriage Act, the one year period of separation can be waived in hard and exceptional circumstances
extreme hardship which has to be pleaded specifically
A divorce petition can be filed even within a week after marriage if there is extreme hardship which has to be pleaded specifically. In the absence of extreme hardship a petition for divorce is not maintainable before a year from marriage. What constitutes extreme hardship depends upon the peculiar facts and circumstances of the case.
As per S. 13 B of Hindu Marriage Act one year period of separation from the date of marriage is required for seeking divorce by mutual consent and not one year from the date of marriage. Whereas as per S. 14 (1) of the Hindu Marriage Act, the one year period of separation can be waived in hard and exceptional circumstances
S. 14 in The Hindu Marriage Act, 1955
”14. No petition for divorce to be presented within one year of marriage.
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How can i get the police complaint quashed and get my bank account activated?
The complaint is about cheating worth Rs 20000. I have no idea what should i do. I am briefing the whole story. Please go through it and help me out.
Its 3 years old story. A guy took Rs 35000 as consultancy charges for some job back then. But he couldn't get me job and also ran away with money. Somehow after searching for quite long i got to him and asked for refund. After so many attempts he agreed to refund me and asked for some time and account details for returning my money. I gave him my ICICI & HDFC account. But again he asked for SBI account because he didn't have other bank branches there. So i gave him my father's SBI account details.
And as promised he deposited Rs 20000 to the SBI account and asked for some more time to return remaining. I agreed as he had returned more than half & i trusted him again.
But i was surprised when i came to know that all those 3 account have been debit frozen by respective banks. I didn't understand anything so i contacted the banks. They told me that there is a complaint filed against these accounts for cheating for Rs 20000. The point is , that guy dumped someone from hyderabad posing as a mobile phone seller and took money from him in my father's account. So the guy who paid for mobile got nothing and he made a complaint against the transaction and my account got blocked.
Somehow that guy also got my number from bank details and called me and told everything. It was obvious that i was the one who cheated him according to him. I didn't have any option. I begged him to take the complaint back and also returned his Rs20000 myself. But still that guy didn't do anything for it to be settled. I still have the deposit receipt copy of bank .Its been more than 3 years since then and those accounts are still frozen. And banks say they need instructions from police to activate the accounts. Biggest problem for me is that more than A lac rupees are stuck in those accounts collectively.
That person tells me to come to hyderabad then only anything can be done. I was ready to go but my parents fear that and tell me not to go. I haven't heard anything from police also in 3 years. We are a middle-class family from Bihar. 1 lac is very big amount for us. We don't know what to do. I have already returned the amount for which the complaint was made.
Please guide me what should i do to get it settled. Pls help.
Posted on 18th Aug, 2019
wrong fir placed not giving charge sheet
My name is swamy and i am working as a mechanical engineer in malaysia since 7 years. two years back one of my Facebook friend requested me for a job. i forwarded his details to the consultant who provided visa for me at that time. The consultant told he got opportunities for 5 persons as an operator in one company. i forwarded my friend that consultant number but he ask me to discuss with him for the visa procedures. then i started discussing with my consultant he told me the visa fees and all as the same i told my friend and given the consultant account number. But my friend deposited in my account and ask me to give the money as he dint know the consultant. i given money to the consultant and the visa proceedings are started and they reach Malaysia safely and the work permit is done. But after coming here for better salary they moved to the another company and started working.They caught by the Malaysian police and put them in jail because of the reason (got work permit under one company and worked for the another company) and put them in jail for 3 months. After completing the duration of the offence my consultant provided tickets for the Immigration and send them back to India. Once the reach India they went to the police station and registered an FIR on me. One of my lawyer in my hometown advised me to leave it until they file the charge sheet. But since 13 months they never filed the charge sheet.They spoiled my reputation in the News paper and TV Channels and given my Passport details in the External affairs, So since 15 months i cant able to go India because once i reach India they will stop me in airport itself. So please anyone advice me on this
Posted on 9th Aug, 2019
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