Divorce
rahul
(Querist) 09 November 2012
This query is : Resolved
Please advise me -
let me put forth case -
marriage happened 11 month ago.
before marriage girl told to boy about her 3yrs Livein relationship with married guy in USA and she told about 2 abortions also which she had. despite knowing - Guy married as she told she'll be behaving normally and 'll embrace him like husband.
after marriage, she took U-turn and told him she cannot accept him as husband and he should give her time to realize her. after lots of arguments she even left back to USA for new assignment just after 2 months of marriage.
Guy also had intense relation with married woman + he also had abortion with that lady ...but he din't want to continue ....so he din't tell her before marriage thinking that revealing relation will spoil her married life. and after marriage he has given completely to her but he din't get back from girl as she was smartly saying He knows about her relation so he should not force her for anything.
thereby, Married Life has got screwed.
as she left for the USA leaving her alone...guy continued with that lady.
and told girl the truth after 6 months.
after knowing this truth ...she doesnot want to continue and wants the divorce.
even guy wants the divorce ...as girl is not at all treating him as husband since begining and left him alone back to USA.
there is no point in continuing with that relation.
.....is it possible to file mutual divorce ?...if so, what is the procedure ? and how long will it take ?
literally there was no intercourse after marriage as she was not ready. hence, can it become ground for fast seperation.
Please advise. Life has become Hell !
Tajobsindia
(Expert) 10 November 2012
1. Hire an advocate via reference. Consult and give brief to him for filing under Mutual Consent Divorce takign spouses extreme hardship as grounds bze under enquiry your seperation is not yet 1 apart.
2. At the time of filing if one party is in USA via PoA and via video conferencing route MCD motions can be got allowed from Jurisdiction Court.
3. Cooling period for MCD is minimum 6 months and maximum 18 months after allowing first motion to get a Decree in MCD proceedings.
rahul
(Querist) 10 November 2012
Thank you very much.
is it required to be apart for some specific period before filing MCD ? if yes, then how much ?
and can we go for annulment option for faster seperation ?
Guest
(Expert) 10 November 2012
File for MCD if the wife too is ready and willing to end the marriage. Annulment is a long drawn affair with a very bleak chance of success
Law requires a couple to be apart for one year before the presentation of Mutual consent Divorce petition. However, the couple can file for divorce citing 'extreme hardship' to circumvent the requirement of a year long separation.
Ashish Davessar
Advocate
Punjab and Haryana High Court
Supreme Court of India
rahul
(Querist) 12 November 2012
extreme hardship means ?
there is noway guy can get rid from this relation sooner than 1 year ?
ajay sethi
(Expert) 12 November 2012
marriage among hindus is a sacrement not a contract . the objective is to save marriages and not to dissolve marriage . hence it is required that both stay separate for 1 year before filing for divorce .have patience
rahul
(Querist) 13 November 2012
Thanks everybody for guiding me.
