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Kris   28 September 2017

Can i apply for divorce other than the mutual consent?

I have been working in USA for the last six years.

I got married in 2015. Immediately after a couple of days, my wife said that she is not interested in the marriage and that she don't want to come to my home in Hyderabad or with me to USA. She never said this after the engagment and she spoke normally.  

No one could convince her and she applied for marriage annulment in 2016, on the grounds of age difference and that I will be living permanenlty outside of India. At the time of filing the annulment, we also agreed upon giving them back all her jewelleries, etc., and we wrote and signed a kind of mutual agreement letter on a bond paper that she is not interested in the marriage, not lived together even for a single day and everything has been returned to them.  However, in 2017, the case was disposed as there were no sufficient reasons for the annulment. 

She then applied for divorce on the grounds that me and my family members tortured her, though she never lived with me or with my family members. I approached the elders/mediators between both the families and they suggested to go for mutual consent divorce as they could not convince her to live with me. She demanded alimony if she has to agree for mutual consent divorce.  I too lost interest in the marriage by then and we gave the alimony/maintenance (signed a bond paper mentioning the amount and that she cannot claim anything in the future) to get rid of the marriage as soon as possible.  We applied for divorce by mutual consent in June 2017.     

But now, the girl's parents are calling us frequently telling that she is now changed and she don't want to get divorced. 

It's been almost two years that I got married and we didn't live together even for a signle day. Initially I tried to convince her and got a spousal visa for her as well which lasted for one year and she was not at all interested to join me. Now I am not interested anymore and I want to get a divorce.

Can anyone please suggest if there is any way to get the divorce other than the mutual consent?



Learning

 14 Replies

manoj   28 September 2017

hi

i will solve your query on payment of cost for consultancy. call me at my cell no 8686159292

manoj 

advocate

Vijay Raj Mahajan (Advocate)     28 September 2017

You have sufficient evidence about her filling various cases for dissolving the marriage, agreements of settlement of dispute amicably and long period of desertion which 3 years, hence fit case for divorce on the ground of cruelty and desertion. Just move ahead and do it now. Individualy you cannot file for divorce by mutual consent it has to be jointly by both parties. vijaymahajan5758@gmail.com

Vijay Raj Mahajan (Advocate)     28 September 2017

You have sufficient evidence about her filling various cases for dissolving the marriage, agreements of settlement of dispute amicably and long period of desertion which 3 years, hence fit case for divorce on the ground of cruelty and desertion. Just move ahead and do it now. Individualy you cannot file for divorce by mutual consent it has to be jointly by both parties.

vijaymahajan5758@gmail.com

Siddharth Srivastava (Advocate)     28 September 2017

Firstly to clarify that such bond papers and agreements as stated by you are baseless and are of no use but such stupid practise is prevailing in Country particularly in southern part. You can file annulment of marraige and also for divorce on the ground of non consumation of marriage, cruelty, desertion etc. consult a lawyer with all details.

Siddharth Srivastava (Advocate)     28 September 2017

Firstly to clarify that such bond papers and agreements as stated by you are baseless and are of no use but such stupid practise is prevailing in Country particularly in southern part. You can file annulment of marraige and also for divorce on the ground of non consumation of marriage, cruelty, desertion etc. consult a lawyer with all details.

Kumar Doab (FIN)     28 September 2017

The documents posted may not be worthless.

Your own LOCAL lawyer is to handle the matter.

Gather all irrefutable evidences of cruelty, desertion, non consummation of marriage, payments etc etc ……….and handover to your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.

 

Kumar Doab (FIN)     28 September 2017

The 1st advise by your 1st lawyer for annulment of marriage on grounds posted by you was good for nothing and you may not fall again in the trap of such good for nothing lawyer.

 

Then; You could have paid the amounts after 1st motion.

Here again you and probably your lawyer (if any was engaged by you at that time) have faltered.

You seem to have become cash/ATM.

Kumar Doab (FIN)     28 September 2017

 

If other spouse and OP’s are greedy and good for nothing then may again run for MCD if you dangle some compensation. This time you must not falter.

Engage your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.

 

Spend good time to inquire LOCALLY and find top 10 counsels and chose carefully.

Even if you want to go for, contested divorce or MCD.


(Guest)

Q:  Can i apply for divorce other than the mutual consent?
A: Yes.  That is what courts are meant for.  Apply for divorce.  Reasons you can discuss with your wife or your lawyer.
Read more at: https://www.lawyersclubindia.com/forum/Can-i-apply-for-divorce-other-than-the-mutual-consent--154455.asp

Adv Radhika Mehta (Advocate)     29 September 2017

Yes you can apply for Divorce on the ground of cruelty and desertion.  The conduct of your wife is sufficient to constitute cruelty.  Though such bonds, MOUs etc have no legal validity in the eyes of law, you can always rely upon them to show the intention of the parties. 

sai narayana   29 September 2017

Let the current divorce petition to be failed. Till then do nothing in court but prepare for adverse and plan for what to do but don't implement before the 2nd motion in your current divorce petition.

Kumar Doab (FIN)     29 September 2017

This time preferably proceed under expert advise of an expert  senior counsel of unshakable repute and integrity.

Anamika Vichare (Practising Lawyer)     03 October 2017

I feel that if your wife's divorce [etition is pending,you justfile your writtenstatement n keep quiet.   She might get divorce.  If your wife haswithdrawn the divorce petition, then you may better file Divorce petition on the ground of cruelty n desertion.

Another option work hard for getting convetted your wife's divorce petition into mutual one offering her some money.

Anamika Vichare (Practising Lawyer)     03 October 2017

I feel that if your wife's divorce [etition is pending,you justfile your writtenstatement n keep quiet.   She might get divorce.  If your wife haswithdrawn the divorce petition, then you may better file Divorce petition on the ground of cruelty n desertion.

Another option work hard for getting convetted your wife's divorce petition into mutual one offering her some money.


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