Divorce

Hi Sir/s

I am Kiran, I married a girl in 2012 june. Unfortunately she left the matrimonial with in 4 days, her father suddenly came my house and taken her away without giving any reason. In the span of one month our parents talked with them but things didn't reconciled. After few months her father called and said they want Mutual Divorce and accordingly we filed in the court of law. Because MCD filed less then 1 year, it was dismissied in the court.

compatability issues, have you discussed with your spouse as what had made her to left you?

for filing MCD  OR Contested divorce minimum i year completion of marriage is required , in very exceptional hardship the petition for divorce within 1 year is accepted.

Now after 1 year in the month of June-2013, our lawyer prepared the MCD petition and we both signed on that document with affidavits and we are about to file/present the same infornt of justice, but suddenly girl and girl father left the court without presenting before the judge.

So far no first motion has been done?

do they signed on the MOU ?

if yes then keep it for the evidence of cruelity as she has harassed without any reason, as she first deserted you then compelled you for MCD and when you agreed she ran away before first motion without informing you.

Now the situation reversed, we and our lawyer tried to call them again and again still they conveniencing come for MCD and neither those people ready to continue the matrimonial relationship.

If not ready then file for contested divorce based on mental harassment & cruelity to you.it depends on you as what you want? if she is ready to cohabit with you then go with her but still yes- No ,then better quit her.

Then they will sure come for MCD afterwards.

Now I am in worried situation,

worried for what?

How to out from this situation. What is the alternative for me?

As mentioned above. Never leave your fresh wound so long in open air as it will get more worst in due course of time, better take decision prior to prolong your tension.

Whether I can file divorce on the ground of "mental harrasment that she left the matrimonial house without any reason and which created insult in the society", or desertion. Even marriage is not consummated 

yes, very much true,use her sign on MCD also as you have done every thing to fulfil her wish,but it was she who always harassed you without any reason.

How many days will it take to get divorce.

If fight with tooth and nail,If your lawyer is agressive and great arguist then within 3-4 years max.

In MCD 6 Months.

If I file the petition do I need to pay Alimony or maintainance - I don't want to pay any single Rs to her, I really got insulted in the society, because of which I even left my job not able explain my situation.

There are so many sections under which she can ask maintenance you can't skip all of them. But it's always wise to gather information about her qualification,experiences and income,if she is earning then no maintenance to her.

Whether the MCD documents which were dismissed by court help me as supporting document to fight against the alimony or maintainance.  In that MCD document contains that no dowry taken, no need maintainence or alimony or marriage not consumated.

If  your wifes desertion is prooved that she left you without any reason----then here no maintenance to her(various SC and HC judgements based on this).

In MCD both spouse has to settle this issue mutualy as court doesn't interfere in this.

Regards

Kiran