Divorce/separation/agreement ?
Pulak Pravat
(Querist) 04 June 2013
This query is : Resolved
Our marriage (15 years now) is broken for “coldness” in marraige and conjugal relation. For last 6 years, we are living in the same house, but in separate rooms and for last two and half years we don't have any conjugal relation. We are living in the same house to raise the KID who will appear in Xth exam in 2014. By now, I have lost all my emotional attachments with her now want a mutual divorce on mutual consent. After a long argumet, now she agrees to that, but ask me to wait for another year until our daugher appears the Exam.
I think, it is good for the Kid and accepting that, but I do't have enough faith that she will not change her mind after a year. She thinks it is a great risk living together while the divorce procedure is progressing, as if any unfortunate event (say death or a major accident) happens, the survivor may be blamed and harrashed by the relatives of the other and in that case, our dauthter could be raised in a shelter Home ! I don't agree, but I could not convience her. I am willing to wait for another year, but I don't have enough faith that, she will not change her mind then, and file a divorce case from her side. That would take too long and she may even decline the the fact (that we don't have any relation).
At this stage (while we are living in the same house), I want to get her signed on a agreement saying that a) we don't have conjugal relation and b) we agree to go for mutual divorce after a year.
My questions are
1) Does this agreement have any legal binding in the court of law ?
2) Should I go for a judicial separation now (as my priority is to live in the same house for another year)?3) How long does it (judicial separation) take, usually ? Does it automatically lead to divorce after a year ? Can she file a divorce case, during separation ?
4) Any of you have any better suggestion ?
5) Can you tell me about a good, efficient, and honest lawyer in kolkata ?
Please help. I increasingly feel lonely, unsatisfied, unloved, and empty. I fear, a divorce case is almost never ending. I don't want to harm anybody or don't want to do anything unethical. But at the same time I have the right to live. Please help. One mistake, of course, is not the end of life and I want to give life another chance.
ajay sethi
(Expert) 04 June 2013
1) not legally binding
2)no dont go in for judicial separation now .
3)wait for one year and go for divorce by mutual consent .
if you take a unilateral decision now she may refuse to grant you divorce . she is genuinely concerned with your daughter education and wants her to lead a stress free life and give her SSC exams with con fidence . if parents are involved in litigation now it will affect your daughter badly
Pulak Pravat
(Querist) 04 June 2013
Thank you Sir. I will take your suggestion and wait for another year.
Residential separation (separate address) is needed to apply for mutual divorce ?
That we are living in separate rooms, is not enough ?
Rajendra K Goyal
(Expert) 04 June 2013
If She agree you may file MCD now and may appear for final hearing any time upto 18 months from the date of filing of the MCD as per requirement of Section 13B(2).
Nadeem Qureshi
(Expert) 04 June 2013
agree with experts, nothing left to add
Pulak Pravat
(Querist) 04 June 2013
Thanks Mr. SHROFF for explaining the term Separation so clearly. Thanks to Mr. Qureshi too.
My problem is that, I am not finding a lawyer in Kolkata, who has the same views. I have already visited 3 lawyers and talked to another 5; every one mis-guide me saying that 'you must stay separately (with different address) for at least one year, before applying for divorce. Can you help me finding a lawyer in Kolkata, who can take my case... described in http://www.lawyersclubindia.com/experts/Divorce-separation-agreement--397261.asp#.Ua3rSc5_3dE
Pulak Pravat
(Querist) 04 June 2013
Thanks to Mr. RK Goyal for explaining it clearly (please read the above mail for the problem of finding a lawyer at Kolkata). Please suggest....
R.K Nanda
(Expert) 04 June 2013
search google.
Pulak Pravat
(Querist) 04 June 2013
Thanks Mr. Nanda. I have already visited I have already visited 3 lawyers at Kolkata and talked to another 5 over phone; every one mis-guided me saying that 'you must stay separately (with different address) for at least one year, before applying for divorce.
Some of them suggested that suggest me to "manage" my wife to sign of on a "Vakalatnama" and she would not even know about the divorce. Which I did not agree....
Please help me with specific names (send me a PM) or E-mail me at thr4ur{AT}gmail{DOT}com
V R SHROFF
(Expert) 05 June 2013
Thanks Mr. SHROFF for explaining the term Separation so clearly.
U R WELCOME
