Divorce - advice required

RESPECTED TO ALL ADVOCATE AND ADVISORS,

I WANT TO KNOW WHETHER NEW DIVOERCE POLICY THAT 50% PROPERTY PURCHASED BY HUSBAND IN DURING MARRIAGE PERIOD , or THE NEW PROPERTY PURCHASED IN DURING MARRIAGE PERIOD BUT EQUALL OR MORE THAN THAT AMOUNT HE SOLD THE OTHER PROPERTY WHICH HE WAS HVING EARLIER OWNER / BEFORE THE MARRIAGE. ( HE PURCHASED NEW OF RS. 3.00 LACS BUT EARLIER PURCHASED PEORETY SOLD AT RS. 4.00 LACS , FROM THAT 4.00 LACS HE PURCHASED NEW OF RS. 3.00 LACS. )PLS ADVOSE.

A. IF PURCHASED NEW PROPERTY EARLIER IN INSTALLMENTS BUT FINAL DEED MADE DURING MARRIAGE PERIOD ,ON THAT WILL WIFE HAVING RIGHT.

B. THE LAW IS APPLIABLE ON PENDING CASES AND IF DIVORECE ALREADY TAKEN. ( IT ALSO HEARD THAT WIFE CAN REOPEN THE CASE OF DIVORECE.) PLS. ADVISE.

Thanks

RESPECTED TO ALL ADVOCATE AND ADVISORS,

I WANT TO KNOW WHETHER NEW DIVOERCE POLICY THAT 50% PROPERTY PURCHASED BY HUSBAND IN DURING MARRIAGE PERIOD , or THE NEW PROPERTY PURCHASED IN DURING MARRIAGE PERIOD BUT EQUALL OR MORE THAN THAT AMOUNT HE SOLD THE OTHER PROPERTY WHICH HE WAS HVING EARLIER OWNER / BEFORE THE MARRIAGE. ( HE PURCHASED NEW OF RS. 3.00 LACS BUT EARLIER PURCHASED PEORETY SOLD AT RS. 4.00 LACS , FROM THAT 4.00 LACS HE PURCHASED NEW OF RS. 3.00 LACS. )PLS ADVOSE.

A. IF PURCHASED NEW PROPERTY EARLIER IN INSTALLMENTS BUT FINAL DEED MADE DURING MARRIAGE PERIOD ,ON THAT WILL WIFE HAVING RIGHT.

B. THE LAW IS APPLIABLE ON PENDING CASES AND IF DIVORECE ALREADY TAKEN. ( IT ALSO HEARD THAT WIFE CAN REOPEN THE CASE OF DIVORECE.) PLS. ADVISE.

Thanks

@raj,

The counsellor felt that there is still scope in your case, that the marriage can be saved.  On the next session, if both of you feel and say to the counsellor that such situation is not there and both are intended to get divorce, then she will send the matter to the court and there you both can covert your wife's divorce petition into mutual consent petition and from the date of recording the first motion, it will take six months to get divorce (as per the present law - which is proposed to be amended and the period may be reduced, but before such amendment you both will get divorce)

@ Ketan,

What you are talking has not become law yet.  So I cannot give any advice till it becomes law. 

Question1: I want to know why did the Counsellor felt like that? Is this a standard procedure for all cases?

Answer: Your session with the counsellot, your and your wife’s response may have lead the counselor to feel that. Besides that, Hindu marriage and divorce law directs the courts to stress upon reconciliation and avoid breaking of marital bonds. Maybe that is why she has given you some time to think again over the issue, its pros and cons…

No, there is no such procedure laid down.

Question2: I also wanted to know what are the possibilities of things that can happen in the second session on 29th June 2012.

Answer: It depends on the decision you and your wife arrive to. If she is able to satisfy the court that the instances she has mentioned amount to considerable amount of cruelty so as to seek divorce, then chances are that court may give decision in favour of her plea.

But, if she is unable to satisfy the court, then your case will only rest upon mutual consent.

Another action which is possible is that she may get a decree of judicial separation. Where you are ordered to stay away without getting a decree of divorce.

Question3: If we convert her petition to mutual consent, then when will we actually get the divorce (6 months from Apr 2012, or from June 2012 when it gt converted to mutual consent)?

Answer: If you convert petition into mutual consent then you will get 6 months time from the date of application for “Divorce by Mutual Consent”

Now it is upon you if you apply for Divorce by Mutual Consent on next hearing or not. The 6 months period starts from date of your application for the same.

Thanks Siddhant & Chandu...Had a couple of more questions on the same regard pls..

If we convert her cruetly petition to mutual consent, what will the final divorce decree mention? Will it have a mention of the cruetly petition that she had filed earlier (which later got converted into mutual consent)? If yes, then I guess this can create problems for me when I opt for second marriage, right?

Is there any other option to avoid this? Can I ask her in the court (in front of the counsellor) to take back (cancel) her cruelty petition, and then both of us file a new mutual consent petition? Is this possible? Will this avoid the above problems?

Thanks

rgds,

Raj