Divorce
Courage2014
(Querist) 10 February 2012
This query is : Resolved
My husband has left me and my child for three years and is living separately. He urged me to divorce him by mutual consent 1.5 years ago and i kindly refused as i want to save our marriage. He is angry and keeps threatening to divorce me and that his lawyers will send me divorce papers. I take care of our daughter and he has fulfilled his obligations towards her maintenance. He pays for her school fees and puts a certain amount in her bank account every month. I dont want to force him to continue the marriage as i love him and want him to be happy as he seems very desperate to get a divorce. I want to focus on my life and my daughters if he files for divorce i dont want any further contact with him and full custody of my daughter. We are both NRI-s and living abroad. I have a good job by God's grace. How long after he files for divorce will it take for him to obtain it. And will i have to come to India for every hearing. As i mentioned i am in a job and it will be very costly for me to make regular visits. Also will it cost me anything. Will i have to hire a lawyer.Please advise.
V R SHROFF
(Expert) 10 February 2012
You file Mutual Consent Divorce u/s 13B of Hindu Marriage Act, if you both are Hindu,
Both of you have to come at least Once, together. Balance your Advocate can manage.
The cost is nominal. but it is advisable to hire Advocate, so your time will not be wasted.
You need not come for all hearing. Once you have to come.
Usually it takes 7-8 months.
SR, I HOPE EVERYTHING IS CLEAR TO YOU.
Adv Shroff
10-2-12
pawan sharma
(Expert) 10 February 2012
Yes, you can file a Petition U/s 13 B with mutual consent at the forum, which you both have to be choose. This to be decided after 6th months from its filing. Both of you shall be appeared at the time of filing the said petition and passing of decree by the court.
ajay sethi
(Expert) 10 February 2012
since your husband is staying separtely and asking you for divorce for last 3 years it is better to divorce by mutual consent .
you shoukld inform your husband that you are willing to divorce him provided he agree sthat custody shall vest in you of the daughters .
since you are doing well professionally question of payment of maintenance does not arise .
it should take around a year . advisable to hire a lawyer
Courage2014
(Querist) 10 February 2012
I am not in favour of the Divorce and don't want to be a part of destroying the marriage. I do not even seek any alimony for my sake, i don't want my daughter to forego any of her rights in terms of maintenance. And i want full custody of my daughter because i do not wish to have any communication with my husband due to the pain and trauma he has caused to me and my child because of his actions. After this ordeal i want to migrate to another country for good with my child and mutual custody will be a hassle for that. I dont mind giving him visitation rights and he is very rich and can easily come to visit our daughter anywhere in the world. Even though we live on the very next street he hardly comes to visit our daughter. Its once a month sometimes which is something i dont appreciate. I have observed him for the past three years and he has been very negligent towards our child which hurts me even more.
Courage2014
(Querist) 10 February 2012
And we are not Hindus we are both Roman Catholics married in Goa and our marriage is civil registered.
Deepak Nair
(Expert) 10 February 2012
Since you are a Roman Catholic, you have to file a divorce petition under the Indian Divorce Act.
You have to be present at the time of filing of the petition, mandatory counselling and evidence.
It is better to appoint a family/divorce lawyer who weill make your job a cake walk as it is a divorce by mutual consent.
Mothers are always in advantage to get custody of child. But you cannot deny the visiting right to the husband.
Shonee Kapoor
(Expert) 10 February 2012
The similar provision like MCD exists in Indian Divorce Act and Goan Civil code.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 10 February 2012
yes, in your case indian divore act applicable.Also check this site which provide information about indian divorce .
www.indidivorce.com/
Courage2014
(Querist) 10 February 2012
Gentlemen,Thank you for all your advice. But, i wish to emphasize that i do not wish to file for Mutual Divorce. It is my husband who wants the divorce and not me. But, if he files it I do not wish to oppose him either. I need advise on the following:
1. I know that his lawyer will serve me with divorce papers. What do i need to do next?
2. I cannot get much leave. What happens if i don't attend the court hearings? Will the court grant him the divorce?
3. Will they ask my daughter who she wants to be with to decide on custody issues?
4. Will a copy of the final divorce decree be sent to me at my address?
5. How much money will this cost me?
Deepak Nair
(Expert) 11 February 2012
1. You don't want to file mutual consent divorce. You are sure that your husband will file petition for divorce. If you are ready to give him divorce, then once you get the summons of the court, you can appear before the court and give your consent before the court for divorce and the court will pass order on that basis.
2. To giving your consent, you have to go to the court at least once. In your absence, the petition will be heared ex-parte. Ex-parte means in the absense of one party. Since you are ready to give consent, it is advised to give consnt before the court.
3. The court can ask the child for deciding the aspect of custody. The child's choice too is considered in such cases.
4. The court will not send a copy. You have to obtain a copy by paying the necessary charges. For that you can authorise an advocate who can represent you and collect the order on your behalf.
5. The money depends on the fees of the lawyer. Since such divorce cases are not time consuming and there are minimum hearings, the cost too will be very less compared to other type of cases.
Courage2014
(Querist) 11 February 2012
Many Thanks Deepak, I am satisfied with your advice and am clear now on what course of action i need to take in case my husband does file for divorce. I really do not know whether he will or will not divorce. But, since he keeps threatening me i thought of getting some preliminary advice so that i am mentally prepared.
Courage2014
(Querist) 20 March 2012
Hi Deepak,
My husband has further complicated things. He has obtained his Bahraini citizenship and is no longer an indian citizen and to make it worse has become a muslim. I have evidence in sms form him admitting. Now i am anxious, if i keep my daughter with my parents in india and continue my job in the gulf till december can he through interpol bring his daughter back to bahrain considering now he is a bahraini national. I fear him converting her to islam against her or my will. Please advise. I dont know if he has married the person he was having an affair with. His motives to change his faith are still unclear. What case can i file against him to stop him from taking my daughter back to bahrain. I have sms-s and emails from him threatening me.
Shonee Kapoor
(Expert) 23 March 2012
Apostasy means that he can not lay claim on the child.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 23 March 2012
This also gives you another cause on which you can divorce him.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 March 2012
Certain District Court have no council ling. All Indian Divorce Act and Goan Civil code will be heard by District Court having no council ling. Usually Family Courts have Council ling.
So even if you don't come at all, and file your Vakalatnama, you are likely to get Divorce. Desertion can be easily proved. Even cruelty is a ground.
Not a problem .
