New**comer (New) 03 August 2013

Mutual consent divorce

I am into a unhappy marriage for last 17years. We have a 10-yr old daughter.My wife has earlier filed divorce twice also, but I have resisted her from divorcing for my daughter's future. But life is being intolerant with her as she is not at all into the marriage till date. Now I have found someone & already into a relation (physical also) with her. My wife knows about her & me & my wife had filed for Mutual Divorce in March this year.The date is pending on this November.Now suddenly she is determined not to divorce me.

What should I do to get the divorce? If she refuses to divorce in court, can I get it done on exparte divorce basis?
How could I marry the girl I'm into a relation with?
Can we get married outside India even if my wife doesn't divorce me?
What cases can my wife file against us I go for a live-in relationship with my girlfriend?

Please do help.

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2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 August 2013

Dear Querist

my opinion on your query is mention below

What should I do to get the divorce? If she refuses to divorce in court, can I get it done on exparte divorce basis?opinon: no thre is no procedure for exparty divorce in MCD proceeding. you have to file a contested divorce
How could I marry the girl I'm into a relation with? opinion: withou divorce you can not get marry with her if you do you can be prosecuted u/s 494 of IPC.
Can we get married outside India even if my wife doesn't divorce me? Opinion: same as above
What cases can my wife file against us I go for a live-in relationship with my girlfriend? Opinion: 498A, 125 of crpc, section 12 u/s dv act, child custody if any, divorce case.