Mutual divorce
Sudarshan Mudaliar
(Querist) 17 November 2013
This query is : Resolved
Sir / Madam
We have filed a mutual divorce case, - MCD - and the 6 month time is due in Jan-2014
Now I have got to know that she has married someone, I do not want to pay the alimony now as she is well to do herself and moroever she has got a partner for life
1. What next can i do ?
2. If i appear in Jan 2014 and ask for more time to think over the MCD decission what happens ?
adv. rajeev ( rajoo )
(Expert) 17 November 2013
When she got married to another person you are not liable to pay any maintenance. Bring it to the notice of the court and get divorce.
Advocate M.Bhadra
(Expert) 17 November 2013
If you have sufficient evidence then you can file a petition in the Court on the next date or let her come.In her absence the MCD may be switch over to Suit of Divorce on contest and got ex-parte.
Sudarshan Mudaliar
(Querist) 17 November 2013
Thank you for the response, However I do not have any thing as an evidence to submit in court, We are working on it and should be able to get it however this will take time.
Thus my second question earlier was -
If i appear in Jan 2014 and ask for more time to think over the MCD decission what happens ? This would be to buy time
Sudarshan Mudaliar
(Querist) 17 November 2013
Oh before i could post my reply, Adv M.Bhadra has answered the second question.
Thank you.
Devajyoti Barman
(Expert) 17 November 2013
Pray that she attends and you get the divorce. Without proof of remarriage you would find hard to get your marriage dissolved by divorce or nullity.
V R SHROFF
(Expert) 17 November 2013
You have sufficient time to gather Evidence.
DO IT.
U CAN : put her under pressure by asking adjournment for another 10 months !!!
So she will fergo aliminy.
meanwhile lodge Police Compl on her IInd hus.
Rajendra K Goyal
(Expert) 18 November 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 19 November 2013
Well advised by experts so no more to add.
