Complicated situation
randomethic
(Querist) 13 April 2013
This query is : Resolved
Married under SMA in 2007 which was not known to parents but did not stay together until the religious ceremony took place in 2008, which was also registered later, by bride's father.
After marriage, husband's attitude became verbally and mentally tortuous and abusive and total cohabitation in the last 5.5 years of married life has only been around 1.5 years.
There have been long periods where wife has refused to maintain contact with husband because of his ways and attitude. He repents after a while and apologises profusely only to return to his abusive ways later.
1. Do we need to mention the second registration when filing for divorce under MCD?
2. Where should the petition be filed? Both have not stayed together for long at any place as husband is in a transferable employment and are no longer residing where they last cohabited together.
3. What happens if the husband refuses to sign the MCD? Can wife file for contested divorce or does her case weaken because she tried for MCD first?
Raj Kumar Makkad
(Expert) 13 April 2013
1. Yes. Suppression of material facts may prove fatal.
2. The place of marriage/the place of last residence/the place of permanent residence of wife/the place of permanent residence of husband.
3, If it happens, wife has every right to file her contested petition and it shall not affect her case that earlier she had applied for MCD.
Devajyoti Barman
(Expert) 14 April 2013
1. Yes
2. File in your place of last residence/
3. You can file suit for contested divorce.
randomethic
(Querist) 14 April 2013
Thank you, for your responses. A little confused by Mr Barman's response.
Both marriages are registered in different cities (SMA - Delhi and second one at Punjab)
Can the petition still be filed from where both are currently living (same city in Punjab but each spouse is with their respective parents - husband is currently transferred here for work and wife's parental residence is here)?
Both have moved out of the Maharashtrian city where they last cohabited together (1600 kms from Punjab) - husband got transferred from there in 2010 and wife lost her job much before the decision to end the marriage was taken and is looking for employment now.
What would be the best way to include the second registration in the MCD or contested divorce petition?
Is it enough to state that the SMA registration was not shared with either side of parents which is why they went ahead and registered second time, in keeping with law from their side?
Please advise on this since the two local lawyers consulted so far are both recommending that the second registration should not be mentioned at all.
Wife is not in favor of leaving this out since she would like the divorce to be fully encompassing of all legalities and husband can be relied upon to use any means to cause trouble to her at a later stage.
Your advice is much appreciated.
Raj Kumar Makkad
(Expert) 14 April 2013
As you have asked this query from Barman so let him reply.
