I was not allowed by my in laws to speak to my wife after she left my house in nov'14. We stayed together for a period of 22 months. Later she filed sec 125 case and I filed RCR from chennai. We decided to talk to them and find a way out.
We initially decided to stay separately but she was not ready for any settlement except to get separated. I requested many time for a small discussion with my wife but everyone denied it. I was forced to fie MCD since she threatened to commit suicide. Second motion is due next month (no 6 months waiting period) since lawyer has filed a petition in supreme court to waive off the period.
1st hearing was on feb 9th - we both signed the papers in front of magistrate
2nd hearing in april 6th.
How can the 2nd hearing be within 2 months. Does it mean that SC has agreed to waive of the cooling period.
What are the legal options I have to fight the case? I am ready to face any circumstances and mental agony but I want to fight the case. I was not given time to express myself and not at all given any justice. If there is a need, I will also knock the door of SC to seek justice.
If I don't appear next month, will the court postpone the hearing to the next date or the MCD petition will be cancelled. I want to file contested divorce case from chennai.
Can I file the contested divorce on the grounds of mental cruelty, non-consuming of marriage, irretrievable breakdown of marriage on my wife even before MCD petition is dismissed or wait for the MCD to get dismissed and then file the case?
Please explain the correct process?
How long the divorce case goes? If the husband says no for divorce, will the wife gets divorce exparte?