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Shiva   15 September 2024

Guidance needed: handling divorce in a new marriage

Hello Sir,

My marriage was arranged in early February 2024 and occurred in the first week of April 2024. The day after the wedding, my wife revealed she was still emotionally attached to an ex of 10 years, who had left her for another woman. She admitted she needed 1-2 years to move on. To avoid conflict, I decided to give her a chance.

Despite efforts, including consulting a relationship coach, she continued to struggle emotionally and found it difficult to connect with me. Her family knew about her past but was indifferent, while my family was unaware.

In July, I asked her father to determine if she could continue in the marriage. She then moved to a hostel. Her father has since stated she cannot continue and suggested we proceed with a mutual consent divorce. He proposed we exchange our belongings first and handle the legalities afterward, but we are concerned this might lead to complications or additional demands. Her family is lying to everyone that I was the one who never had an interest and spoiling our reptuation.

What is the best way to proceed? I have evidence, including call recordings and documents related to her emotional distress and her ex, which might be relevant. Should these be used?



Learning

 5 Replies

Real Soul.... (LEGAL)     16 September 2024

Be careful, if you are stating everything truth here in your query then don' let her take any of things from you. If you are decided with mutual divorce then make an agreement and mention everything in that, from the starting  day ,mention facts like she never let the marriage consummated and all that. The mention terms of divorce and the  exchange or gold or jewelry at the time of decree , If you finished by paying and exchanging of things now then they will never turn back for divorce. Since the lady is mourning her past affair you will be victim of all this, they will harass you. Better to pressurize them through their friends and relatives for consummation of marriage and then they will come for terms,. Rest you have to decide the complicacies can be more far, Don forget to witness every episode and keep evidence intact.

1 Like

Shiva   16 September 2024

Thank you for your answer. 

We told them to come along with their daughter to sign an agreement that everything has been settled from our end and no further demand can be made. They are not accepting this by saying random reasons and asking us to first exchange the items and can proceed with legalities later.

T. Kalaiselvan, Advocate (Advocate)     16 September 2024

If any case you cannot file the divorce case either a contested one or a mutual consent divorce until one year is completed from the date of marriage or from the date of separation in respect of mutual consent divorce.

Therefore you can live separately away from her under the present arrangement itself after which you can take proper decision at the time when it becomes suitable.

1 Like

P. Venu (Advocate)     16 September 2024

In the given circumstances, mutual divorce is the ideal remedy and both parties are reconciled  to the inevitable; only the details are need to be worked out. Please do allow yourself to be overburdened by the extraneous.

To my knowledge, the cooling period for seeking mutal divorce is six months. And, in exceptionl cases, the Courts have the discretion to make exxcptions. Facts posted auggest the instant issue appears to be a real exception.

1 Like

Shiva   19 September 2024

Thank you all for your valuable advice.

We had a conversation today with the girl’s family regarding the next steps. We made it clear that everything needs to be handled legally, with both the boy and girl present. We presented them with two options:

  1. We can prepare and share the agreement and mutual consent documents for their review. Once their lawyer has approved them, they can sign.
  2. Alternatively, we suggested that they bring their lawyer to meet with ours so both parties can discuss and finalize the agreement together before signing and exchanging items.

However, they are not open to either option. They insist on exchanging items first and then engaging separate lawyers for the divorce. They also indirectly that if we don’t agree, they may take a different course of action that could create trouble for us.

I would appreciate your advice on how to proceed. Is there a risk they could file false cases/allegations against me or my family? What precautions should I take immediately?


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