Ram (cons) 13 May 2013

Divorce

Hello All,

This is a case where the wife and husband are separated for more than two years and want divorce. The wife committed adultery with her pre-marriage boyfriend, eloped with him. Later they were caught by the police and there is a case pending against the boyfriend in the Honourable Court. Now she wants to get married to boyfriend and hence looking for a speedy divorce. Even the husband is living with another girl now which he wants to legalise by divorcing his wife and registering the marriage with this girl. So the husband is also looking for a divorce which can happen faster.

I heard that the divorce process takes atleast 6 months. But I recently observed one news article in the following link regarding the divorce by mutual consent.

https://www.indianexpress.com/news/6-months-cooling-period-not-to-come-in-way-of-divorce-by-mutual-consent-sc/993141/

As this marriage is broken down irretrievably (the wife is about to give birth to a child through her boyfriend), can someone please advice if there is a possibility to get divorce faster in the backdrop of the above statement by the Honourable Supreme Court and legalise the new relationships.

Is the divorce taken from sub-registrar office legal or can it be used to get divorce from the Honourable Court faster?

What happens to the case against the boyfriend once the divorce is obtained? Can the case be withdrawn?

There is a girl child born due to wed-lock and the mother is ready to leave the child to the father. Can she turn hostile after the divorce and fight for child again? The child is with the father for the past two years.

Thanks in advance for your valuable suggestions and opinions.

Regards,

Ram

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 13 May 2013

** Only the SC under Art. 142 can waive the 6 months cooling period in cases of irretrievable breakdown of marriage and no other court can. So you can try your luck in the SC if the lower courts reject the application of waiver of 6m period and I am sure, the SC will waive it.

** Divorce do not happen in sub- registrar’s office. It is illegal. You have to obtain a divorce decree thru the court only.
** Whether the case against the boyfriend can be withdrawn or not wud depend upon what case was filed against him. If it is adultery case filed by the husband then, it can be compounded.
** Mention about the custody of the daughter to be given to the father in the MOU while drafting the petition. However, the mother will get visitation rights.

SUNIL (DOCUMENTATION EXECUTIVE) 13 May 2013

Dear All,

My Self Sunil Saini , Working in private company in Kandla Special Economic Zone , Gandhidham Kutch, My Wife Working in State bank of Patalia as clerk , at Jodhpur , Rajasthan.

Our marriage was held on 24/12/2012 , after that she lives only 10 days with after that she is leaving with her parents at jodhpur as she is working in SBP , jodhpur

now i want to take my wife at my home as i don't want to leave her , now she is denied to come with me as she got a good job in State bank of Patalia , and her parents also denied to allow him to come with me...our all gold ornaments and other accessories lying with her and she denied that she don't have , and she demand from me in the court regarding the same...

i have just filed RCR against her is that the right decision for me ,

now can you please advice me what to do..

Shyam (Field Supervisor) 13 May 2013

The best way would be to think your wife as another human being and respect her unwillingness to live with you. Go for a mutual divorce and find somebody else so that both of you can live happily.

the other way is to send legal notice to her, and then when she files for divorce, oppose it, and make her life miserable.

But it is good to know that no court in this world can force her to return to you.

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SUNIL (DOCUMENTATION EXECUTIVE) 13 May 2013

Dear Shyam,

Thanks for reply....and i have already filed RCR against her...

Ram (cons) 14 May 2013

Hi Archana ji,

Thanks for your reply. Few more questions please.

Is it required to go to lower Court first or can the Supreme Court be approached directly?

Please tell what could be the minimum time duration for the decree to be given in the Supreme Court in this case (both are eager for a faster divorce so that they can live peacefully with their new partners/ spouse)?

How often is the wife required to go to the Court for this divorce (she is about to give birth to a child this month and may not be able to go to the Court for a while)?

Regards,

Ram

ANAMIKA VICHARE (LAWYER) 14 May 2013

It will take 6 months. In approaching SC, it will kill the time, depends...It is better to wait for six months. file it immdtly.. Yr wife may ask for custody later but she would not succeed...Only chance to get decree faster if both of you show that u hv to leave the country...Adv Anamika Vichare, Family Court Lawyer, Bamdr, Mumbai 9920764088 Right now I am in USA My Mobile No.01-317-801-2323 till 31st May, U can give me miss call in case of emergency, I will call u back

Divorce

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