• Divorce

I m hindu Brahmin girl. I got married in Nov,2012 to the boy of same cast. I stayed only about a month with my in laws after marriage. They were harassing me physically and mentally. So I decided for divorce. Our registered marriage is not done. We did notarise divorce by mutual consent. But as i m Brahmin , i know decree is must. So I said them for that but they denied to harass me. So I filed domestic violence case in court. Its been a year, somehow summon from court is not reaching to them. And case is still not solved. Then my lawyer said to go throughout protection officer. But I m still not shorted out from this. My case became so messy now. I really don't have idea what to do. Please advise me properly. In between my kidney transplant is done. I m suffering a lot mentally n physically. I want to withdraw all cases and I want to file in family court. Should I withdraw? If I file in family court, how much time it will take for this? And if I withdraw from court, can my in laws harass me? Without court decree can i merry to someone else?I really need advise properly. Please help me out.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

The notarized divorce decree is not valid

You have to file a contested divorce case against him on the grounds of desertion and mental cruelty

Don't withdraw the pending cases against him in a hurry

The pending cases will put pressure on him to arrive at an amicable settlement

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

1. File a case under section 498A IPC ALSO.This is important to put them under more pressure foe their criminalacts.

2.i am not sure why there is no progress of the DV Case. Ask for substituted service for the DV case

3.Filing case in family court will have to impact.

4.So Pursue the present case and if necessary consult another lawyer to know the reason of delay.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

1) do not with draw DV case filed by you

2) file for divorce on grounds of mental cruelty

3) seek interim maintenance , alimony from your husband

4) only after your marriage is dissolved by court can you remarry

5) if in laws and husband evading service of summons apply for substituted service

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

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