Divorce
Querist :
Anonymous
(Querist) 12 September 2011
This query is : Resolved
Hi Team,
I got married in december 2010. my wife came to NZ in May 2011 since day one we haven't got along. there have been so many reasons she just have been giving me mental stress so far. she has asked me couple of time to give her divorce but our families got involved and asked us to make this relationship work. even after trying we didn't get anywhere. we don't have any physical, emotions overall there is nothing in this relationship. this marriage hasn't been consummated.
I am NZ citizen, can somebody please advise me what is the quickest way to get out of this relationship. our marriage has been registered under hindu law.
Thanks in advance
M/s. Y-not legal services
(Expert) 12 September 2011
Right now where is she? I hope still she is with you.. If both are in nz mean for your divorce you have to come to india.. There is two problems in your case.. First one without complete one year you can't go for divorce, on the other hand if you go for mutual divorce mean you have to complete 6 months waiving period.
M/s. Y-not legal services
(Expert) 12 September 2011
Have you completed the immigration formalities for your wife? I mean she got newz citizenship? If yes mean just dissolve your marriage as per your national law. I think its will be some easy than indian law.. My request to you, if you got divorce there itself mean just don't leave her on roads. Send her to india in proper way..
Querist :
Anonymous
(Querist) 12 September 2011
Thanks tom, first of all she is still here and is on NZ work visa under partnership category. from your advice we have to stay together till December and then apply for divorce.
is there no other way to can get separated?? as we both going through mental stress.
tom, i want to resolve this in a proper way so for last 4 months i haven't said single thing to her.
adv. rajeev ( rajoo )
(Expert) 12 September 2011
You have to go for consent divorce petition. File an application to condone 6 months waiting period.
Advocate Rajkumarlaxman
(Expert) 12 September 2011
Aynyways you have to wait for 6 months after filing the divorce peition. Supreme Court has given clear direction in these type of matters. rest i agree with our experts
Querist :
Anonymous
(Querist) 12 September 2011
Thanks for your advice guys, so understanding from your responses can i file the divorce now or it has to be done by her. what consequences will i face or my family??
Guest
(Expert) 12 September 2011
Divorce through mutual consent is the easiest way for separation. As per Sec. 13B of the Hindu Marriage Act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.
The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately' connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations; Sureshta Devi v. Om Prakash, AIR 1992 SC 1904.
prabhakar singh
(Expert) 12 September 2011
I agree with most comprehensive advise given by Mr. Tom and an input from Mr. Rajkumarlaxman and you need to file divorce here in India only unless you both have the citizen ship obtained there in NZ.
Shastri J.K.
(Expert) 12 September 2011
I agree with Expert.
Raj Kumar Makkad
(Expert) 12 September 2011
I do agree with the mindful advice of all experts.
Querist :
Anonymous
(Querist) 12 September 2011
Thanks again, i understand from all above is i can only apply for divorce in December 2011 and have to come to india for that, so there are no other alternatives???
As i asked earlier as well can be there other legal consequences myself and family has to face during this process.
M/s. Y-not legal services
(Expert) 12 September 2011
nothing like that.. if you both ready to mutual divorce mean just arrange any settlement for your wife..
Querist :
Anonymous
(Querist) 13 September 2011
Thanks tom, can you explain what you mean by any settlements. because right now she is saying she wants to get out of this relationship, what if she changes her statement or her family feeds up with stuff and make her mind change.
is there anything i can do in NZ like get her statement in front of govt. official and then come to india. please advise
Querist :
Anonymous
(Querist) 14 September 2011
sorry guys still waiting for your response. also my wife is leaving for india tomorrow as we couldn't take this mental stress anymore. so can somebody suggest what can i or we do now...
Guest
(Expert) 14 September 2011
Settlement can be appropriate sum of money every month towards maintenance charges for your wife on divorce.
You can get her statement recorded in the presence of a judge, or if not get that notorised from the notary public and get that countersigned from the High Commissioner of India in NZ to use that in the Indian courts for the purpose of your divorce.
Querist :
Anonymous
(Querist) 14 September 2011
Thanks for your advice Mr Dhingra. the issue is she is leaving tomorrow so don't have the time for visiting High Commissioner as he is based in wellington. think have to just trust the fate here hope she doesn't cause any drama.
