Divorce with mutual concent.
harpreetdhanvi
(Querist) 04 February 2012
This query is : Resolved
B & G, Hindu, Indian citizens, married in early 2007 in India. 2007 (end) both went to Australia for education & better life. Both used to continuously fight in Australia. By end 2008 the wife comes back to India alone and starts staying at her parents place. Dec. 2009 the families try to mediate without success(B in Australia). Dec.2010 B comes to India. After a round of discussing between B & G and families, both decide to divorce. Return the Stridhan. B goes back to Australia.
Now the problem is that B now is not coming back to India to sign the divorce documents and on one pretext or other he is delaying or ignoring. The G is very firm and does not want to stay with the B. G is desperate to get quick and easy divorce without litigation. What are the options of the G. I am related to the G.
Arvind Singh Chauhan
(Expert) 04 February 2012
Without litigation it is not possible she may ask divorce on ground of desertion.
prabhakar singh
(Expert) 04 February 2012
In absence of B no mutual petition is possible by G and only a contested divorce petition can be filled by G against B where reluctance of B after service of summons may lead to passing of an exparte decree against B and in favor of G.
Sachin Bhatia
(Expert) 04 February 2012
There is no way to get divorce without litigation.
Devajyoti Barman
(Expert) 04 February 2012
Unless both agree for mutual divorce there is no other quick solution except for filing suit for divorce.
Raj Kumar Makkad
(Expert) 04 February 2012
If both are guided by customary law only then it is possible to get divorce merely on affidavit of in the community Panchayat otherwise there is no scope as desired.
G should not file a divorce petition under section 13 (i) (ia) of HMA and should get ex-parte decree. I think it can be got passed even before 6 months and after waiting for the period of appeal with a public notice, she should move ahead as desired.
This is the only best way in the given facts.
harpreetdhanvi
(Querist) 06 February 2012
Pl go through the below(it pertains to the same matter.)(all Hindus)
--------------------->M(Son)---->N(Son)-->G(Girl)
Father(F)---
--------------------->P(Son)---->Q(Son)--->B(Son)
B & G have been married since 4 years. Other details have been posted in my query above. Can this marriage be nullified as it falls in "sapinda relationship". Which divorce would be quicker, desertion or under "sapinda relationship".
V R SHROFF
(Expert) 07 February 2012
MCD is best-7 months
if Customary Div Allowed, OK, provided B agree.
If not, file Div Petition on ground of Cruelty.
it is very fast, if uncontested
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
The moment wife leaves the man is after divorce as if others are waiting in queue to bat with him again.
You have failed to coordinate since being a man you are more responsible at least morally. So now learn to live in peace alone. Compromise with what events have placed on your platter.
If cases are there against you face them with coolness . In a storm there is violent activity at periphery or top and center and bottom is calm silent. Learn to go to center or bottom of storm and you can come out unscathed.
harpreetdhanvi
(Querist) 08 February 2012
JSDN has got me wrong. I am related to the Girl, as stated before. And G has tried and tried again to reconcile on any terms that B decides. But I feel the efforts of G are taken as weakness by B. B was initially ready for DMC (HM S.13B). In fact he was pressurizing without giving a chance to reconciliation.
But suddenly now B has started delaying on one pretext or another. But he does not want to reconcile yet.
G is adamant and was a quick Divorce.
