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Need some infmn..Pls give authenticated n sensible replies! Thanx?

My friend is stuck in this ordeal.N..i need to findout some +ve way to bring him out of this. He got married few days back. Within few days of his marriage, he realised the girl has not been behaving with him rightly (in the sense.. she does not gives him respect as a husband, n is not close to him in the most intimate moments etc etc..)

He..then.. moved abroad for 2 mnths.. N in this mnths..she didnt even bother to get in touch with him..

Nyways..now when he wants to file for a divorce the gals family is demanding lakhs of rupees.. Only if he gives this money can he get rid of him??

Can..anyone suggest.. Thru Indian court of law..is there any legal n right way thru which he can get justice? Is there no other way he can get rid of the girl? Does he has to pay her..this amount ..which her family is demanding?

Update:

Hello..people..yr replies are annoying me..

I am out of time..so could not feed the entire case history over here. Its a simple question..

'Whether we hv to pay money..if the other party demands for money in lacs'?

I just need genuine suggestions..theres lotz more to say..but.. i cant put them in words.. Hope.. u understand me in the right way..

I wish..my friend cud settle down.. with his wife.. but..his circumstances is not that way at all...

Waitin..for some favorable replies..thanx

9 Answers

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  • 1 decade ago
    Favorite Answer

    tina,

    There is a way. Legally,

    1 the girl must stay with the husband for a reasonable period of time to get alimony.

    2 If the girl is educated enough, and capable enough to find a job and maintain herself, alimony comes down.

    3 You friend needs to file an RCR (Restitution of Conjugal Rights) u/s 9 of HMA. Check what she replies and if she is not willing to come back to him, he can convert the RCR to divorce. This will again a reason of not giving alimony.

    4 In India, a girl can file 498A or Domestic Violence against the husband if she does not want to go back to him or if she demands alimony later. This is a flaw in the law. The RCR will again help your friend to get Anticipatory Bail in such a case.

    5 I suggest, your friend must file an NC (Non Cognizable) statement in his local police station, mentioning that the girl's side might file false criminal cases against him and his family. He must write the complete story in the NC including that they are demanding money. This NC is just an information to police. The police does not take any action against the opposite party. It just helps to get an Anticipatory Bail in case the cases are filed.

    This place is too short or it cannot be explained more than this.

    Source(s): I am a Family Court Lawyer
  • Shadow
    Lv 5
    1 decade ago

    You want ˝authenticated n sensible replies˝, maybe you should learn how to ask genuine questions in real english then.

    It isn´t any of your business what your ˝friend´s˝ married situations are, if she really was that desperate to get out of the marriage, then he should be talking to a divorce lawyer and not asking you to troll the yahoo forums.

    And yeah, when you take your vows and sign that little form stating you´re one family, then you do often need to split all your possessions and money in a divorce. But this is why you talk to a divorce lawyer!

    Source(s): There´s something wrong with people today.. why can´t you all get your head out of your *ss?
  • 1 decade ago

    If you are a true friend of him , go and try to stop divorce. If his wife is behaving like this, try to know the reason and help him to find a solution. It seems to an arranged marriage, and in such cases it takes a little time for the couple to understand each other. In most of the cases marriage is a compromise. To save it husband and wife has to compromise to make it successful , but when fault finding tendency and ego comes in , it ends in divorce. So help the couple to stay united.

    Best of luck !

    dtntilu

  • 1 decade ago

    1. Tape record all the conversations of the girl's family members when they ask for lakhs of rupees for divorce. This will help him prove in the court that they are blackmailing him.

    2. Get a good divorce lawyer.

    3. Best wishes.

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  • 1 decade ago

    hi

    the court - law - anywhere in this world takes millions of years to get solved, ( until and unless uve got time and money to run around the court of law. ) If in court, which says "until the case is resolved either of the couple cannot marry another or settle down in life"

    .

    IF IF the couple can try to solve it amicably / mutually , its the best thing to do. the couple at some point can come to an understanding ...be it money wise or any other way....and both can sign a mutual divorce and be done with it.

    think over

    bye

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    Lv 4
    4 years ago

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  • 1 decade ago

    well my friend.. divorce law in India is more soft towards women as it is in USA or any other part of the world.

    Just because your wife or husband does not like you.. or you do not like him or her does not give you reason to get divorce.

    The ground you can get divorce are :

    Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

    Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.

    Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

    Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

    Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

    Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

    Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

    Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

    Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

    No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

    What you said about that girl does show mental cruelty on her husband.. but it is never easy to prove mental cruelty in the court enough to get divorce. let me explain you about the cruelty and how court look at it.

    What is Cruelty?

    Under the English Law, legal concept of cruelty is conduct of such a character as to cause danger to life, limb or health (physical or mental) or as to give rise to a reasonable apprehension of such danger.

    Classification of Cruelty:

    Cruelty is classified into two heads.

    1. Physical cruelty and

    2. Mental cruelty

    Physical Cruelty:

    It is a settled law that physical violence is not necessary ingredient of cruelty. Unending accusations and imputations can cause more pain and misery than a physical beating. Therefore, it goes without saying that the act of cruelty consists of mental torture or physical violence. If it is a physical violence, there will be no problem for a court to arrive at a decision while determining a case presented before it, but in case of mental torture or harassment, the court finds comparatively more difficult to come to final conclusion.

    Firstly the court begins its enquiry as to the nature of cruel treatment as well as the impact of that treatment in the mind of the spouse. Ultimately it is a matter of inference to be drawn by taking into account of the nature of the conduct and its effect on the complaining spouse.

    Mental Cruelty:

    An act of mental cruelty is far more severe and dangerous than an act of physical violence.

    This is just to give you an idea about Divorce law in India which I get to know from the internet. I am not a lawyer. Please consult a advocate to know the law in details and if there is a case of divorce.

  • 1 decade ago

    u need to understand marraige is a scared should not get divorced bcoz u want to get rid of him

  • Anonymous
    1 decade ago

    You asked so I will tell you.

    Mind your own damn business.

    The last thing this marriage needs is you sticking your nose in.

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