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RCSH (NA)     14 December 2009

Judge refuses to give divorce

Hi, I got married about a year ago and after about three months my wife walked out on me because we couldn't consummate our marriage and she was not agreeing to come to a doctor for treatments. Later she and her father admitted in front of our lawyers that she has a problem and they knew about it before the wedding but didn't tell us.

Based on this I filed for divorce and it was referred to the Mediation Center here in Bangalore. We did settle the matter in the mediation center primarily based on the condition that both parties would withdraw all allegations made against each other.

When we went in front of the judge with this Mediation Center MoM to get a divorce decree the judge refused to grant a divorce decree saying that since both parties had withdrawn all allegations there is no ground for him to grant a divorce. He also said, that I could withdraw this case and then both of us could file for a mutual consent divorce, but for that there is a 6-month waiting period which has been reinstated as per the Supreme Court's recent ruling.

What can I do now to avoid this waiting period and get a divorce soon. The girl and me have been separated since Feb 2009.

 



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 4 Replies


(Guest)

Mr.RCSH,

Judge is right. When there is no allegation how can a judge gives verdict?

 

Kiran Kumar (Lawyer)     14 December 2009

as per recent judgment of Hon'ble SC titled as Anil Kumar v/s Maya Jain Civil Appeal No. 5952 of 2009, only SC can condone the 6 months period....neither the District Judge nor the HC can condone this period.

 

u ll have to move to SC to get this period condoned.

 

u r better directed by the judge to go for divorce by way of mutual consent.

 

 u ve good ground, keeping in view the medical condition of ur wife, to move to SC

MK (O)     18 December 2009

as per HMA in exceptional circumstances this 6 month period(now one yr.)  can be waived off. u can move SC to get it waived off on ground that  u have to wait for no fault of urs and get waiver on basis of medical condition, SC will definitely decide in ur favour .

RCSH (NA)     19 December 2009

Thanks everybody. Appreciate your help.

I found the case that the SC has recently judged upon in which the SC says that the 6 month waiting period is mandatory and the Civil and High Courts of India do not have the liberty to dispense with it. The same is attached here.


Attached File : 15 15 civil appeal no 5952 of 2009 2 .pdf downloaded: 144 times

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