Guru (Sales Manager) 02 September 2013

Is it risky to file back dated mutual consent divorce?

Dear Experts, I got married in Feb 2013, 7 months completed. These period of time many things happened with me. My wife was stayed with me approx 30-40 days just. I tried many times and put my hard efforts to convey her through her and mine both family members....But not working, she file the fake police complaint against me....Her behaviour is very rude towards me and my parents even with her family members as well except her parent. She even threading me also, she demand 10L Rs. from me or else she file the fake case on me....I said do whatever you wish to do......Now, nothing can happened and come and ready for MCD after serve 1 notice through my advocate.

My question is, yet we have not completed 1 year...How would I come out as earliest from this dead relation? I don't have trust on her. She has corrupted mind "kabhi badal jaye pata nahi"....Right now she agreed for MCD so, I don't wanna take any risk to wait and come out from all this nonsense which she created.

I heard that some trick, that show our marriage happened before 1 year and file MCD....So, is it risky? Still we have not registered but yes Arya samaj certificate is there with me. I know its not legal but, I don't have any choice.....Please let me know, if I opt in this way than is there any chance for her to create any drama in future?

Thanks in advance for your suggestion.

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3 Replies

Tajobsindia (Senior Partner ) 02 September 2013

1. You have to wait for completion of 1 year of marriage to apply for MCD there is no other remedy based on presented brief.

2. Petition drafting by way of tricks – presented in your brief gimmickry should be avoided as ignorance of Law is no excuse for adult (major) age Citizens.

Vivek (manager) 02 September 2013

That is good.. Have back dated marriage. and get signed for MCD then skip 2nd motion. Later, she finds it very difficult to file any 498a, dv etc. cases on you. In such case, you have to tell the judge that marriage happened so and so time and ur in laws threatened you to file on back dated date (ofcourse, u be clever and collect such evidence as they asked you for back dated marriage and divorce). Once u tell in front of judge and produce the required proof that you wife side askd for back dated marriage, then they will be in fix for prejury and they will go for 7 years jail term.

(Guest)

Dear Guru Bhai,

When you can't live with her life long then mere 5 months more is not a difficult task as patience is more persistence than desire.For only 5 months why you are forcing yourself in the case of fraudulent in the eye of Law. If your wife is agreed for MCD then ask her to join you in the court for exceptional hardship pleading via good seasonal lawyer.Who knows the judge may be convinced by your pleading.As in some states like delhi few judgements were there where marriages were dissolved within 1 year due to exceptional hardship.

See you can only request but can't force the law to be changed. In your case it is highly recommended to you that "make this 5 months for the arrangement of money or you have already arranged money then lock it for 5 +6 =11 months FD and earn interest till you don't give this Freedom amount to your would be ex.

Always remember onething "Der aye Lekin Durust aye"..........!

regards,

A sufferer..