divorce
rahul
(Querist) 09 January 2015
This query is : Resolved
Respected sir/mam
I am rahul pandey, from jharkhand.
I did court mrg on 15.05.2012 in� Bhubaneswar court without information of our parents.
She is from orisha.
Till date my wife stay with her parents in Bhubaneswar due to her studies and I am in my town.
She complicated her study in 2013 n after that
Preparing for banking job in Bhubaneswar.
She told me after my study is completed I talk with my parents about our relationship and then come.
She tell all the matter to her sister but they didn't willing to corporate. And due to pressure from her sister side
Now a day she filed a divorce case willful refusal from side of respondent above two years going to be completed.
Section 25 special marriage act.
Her one sister also did court marriage and her parents did not accept her till now.
In every 3 or 4 month I go to Bhubaneswar stay in hotel with her.
I have all bills.
I did not refuse any time.
And I did not want to divorce.
What can I do.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
If you do not want to give her divorce, you may contest the case and object to the allegations strongly. Fight back.
rahul
(Querist) 10 January 2015
I want one more suggestion. If my wife rigid to want divorce due to pressure of her Sisters. And I didn't agree then
1) what happened
2) she completed her study in 2013 I proof it
3) I meet with her in bbsr in hotel I proof it with hotel bills.
So may I won the case.
And may she demand any maintainc. Even if I am ready to stay with her.
Pls guide me
Rajendra K Goyal
(Expert) 10 January 2015
If you do not agree for divorce, the case would be decided on merits and may take time in disposal. She may demand maintenance.
If she do not want to continue with the relation, try for mutual consent divorce.
ajay sethi
(Expert) 10 January 2015
it is better you opt for divorce by mutual consent . you cant force your wife to stay with you . contest divorce would take 5 years to be disposed of
malipeddi jaggarao
(Expert) 10 January 2015
Have a dialogue with your wife. Tell her your marriage is legally valid marriage and you people do not require the consent of anybody. Bring her out from the influence of family and both of you live separately. This is the best solution.
For any reason, if she does not agree, you will have to contest the divorce petition. What are the grounds for divorce? It will take lot of time and lives of both will be spoiled by wasting time. The other way is to go for MCD - divorce with mutual consent. The process is faster. If you contest the divorce, you may be required to pay maintenance to your wife.
rahul
(Querist) 12 January 2015
Case is annulled the marriage by a degree of nullity.
she filed a case ground of section 25 special marriage act. 1) willful refusal from side of respondent.(me) above two years going to be completed.
2) marriage not been consummated two years going to be complete.
3) marriage is voidable marriage as marriage never been consummate beteeen parties.
4) I received a summon for settlement issue
5) annulled the marriage by a degree of nullity
Fact is that 1) after marriage in every 3 or 4 month I go to Bhubaneswar to meet with her and our marriage is consummated.
2) she stay in her home town till date due to her study
3) I did not refuse any time.
4) I am ready to stay with her.
On the above how can i defend my case. Please help me out I did not want to divorce want to save my marriage . What can I do.
rahul
(Querist) 12 January 2015
Please any one suggest me
T. Kalaiselvan, Advocate
(Expert) 14 January 2015
If the judgement is against you and you feel aggrieved by the same, you have chances to prove your case in appeal, why don't you prefer an appeal against he judgement?, The decree annulling the marriage is not one day affair, but you approached this forum as if she is yet to start the legal proceedings. What was your advocate doing without letting the court know the merits i your side or if you have not made any counter objections to her allegations that the marriage was not consummated?
