Divorce through mediation take 2 month or mutual consent is better
sanjay
(Querist) 16 November 2013
This query is : Resolved
Sir,I got married on 15 Jan 2012 at arya samaj mandir ,indranagar,bangalore. At the time of marriage she told me that she is unmarried, after 3 month her previous husband lodge FIR against me u/s 366 at patna and state that she having two children and family planning operation done.I asked the same thing from her, she denied that and tell me that it was conspiracy of her father . after inquiry from her home town I got her family photographs,DSP investigation reprt,and medical certificate of her family planning operation.after 1 and half year i come to know that her previous husband was telling right. I filed a petition for divorce from her base of cruality, my first date is in nov 13 in family court. now she is ready to separate from me, with help of Bangalore mediation centre,is it possible to dissolve the marriage within 2 month as she is ready to leave me . i want quickly separation, so i filed a divorce petition.she is now ready to leave me without any compensation. please suggest me i m going in right direction or if wrong what is the best way for fast separation. Every minute with her is very painful to me.
ABDUL RAZIQUE
(Expert) 16 November 2013
Only In the state of Delhi separation matter solve in few week other state has no same practice.
malipeddi jaggarao
(Expert) 17 November 2013
It is not divorce petition, it must be a petition to declare your marriage as null and void as the lady suppressed the fact of her first marriage and you are unaware of this fact at the time of marriage.
She will not acquire any legal right as wife against you or your property. If the prayer in your petition is for declaration of the marriage as void, it is better to continue the same and wait for the final decision instead of going for mediation.
V R SHROFF
(Expert) 17 November 2013
Your Marriage is "No Marriage" in eyes of Law.
U don't need Divorce.
Get Consent term signed thru Mediators, That she never informed u about her previous marriage and children, and agree to get marriage decl null and void ab-initio.
Issue notice to her ex husband, declaring u had no physical relations once came to know she is married to you. That u r free to take her back, and u hv no onjection.
sanjay
(Querist) 17 November 2013
thank u sir,for ur great opinion.
divorce petition is filed on cruelty ground and After she runway from her previous husband house, her previous husband already married with some other girl without taking divorce from her.so, he will not take her to his home. i want quick separation from her so i m going through mediation otherwise null and void will take long time to poof it. guide me sir,
ajay sethi
(Expert) 17 November 2013
you have already filed petition for divorce on grounds of cruelty . your wife is willing to divorce you .
on next date let your wife appear and you can file consent terms . in said terms mention of her previous marriage .
by consent of parties marriage is declared null and void .
you must have engaged a lawyer . he will do the needful
Devajyoti Barman
(Expert) 17 November 2013
Within 2 months divorce is not possible. However you can go for nullity where there is time restriction.
T. Kalaiselvan, Advocate
(Expert) 19 November 2013
Sanjay,
You cannot seek divorce for the marriage which is invalid in law. You can go for annulment of your marriage by a decree o null and void on the grounds of suppression of material fact about her subsisting marriage. If she is agreeing to sail with you, you may withdraw the present case and file a another case on the said grounds, ask her to submit to the decree prayed for by you in her first appearance itself, get rid of her immediately after that.
Raj Kumar Makkad
(Expert) 19 November 2013
There is a basic difference between the petition seeking divorce and decree seeking nullity of marriage.
In former case, you recognize the marriage whereas in latter matter, the marriage is not regarded as valid.
Once you admit the valid marriage and file divorce petition, you lose your right to file petition seeking marriage as nullity so in the given facts, you have no other option but to move ahead in the same petition.
malipeddi jaggarao
(Expert) 20 November 2013
But Shri Makkadji when the marriage itself is not valid how anybody can seek divorce from an invalid marriage? Can he not bring this act and amend the prayer in the same requesting to nullify the marriage?
