paramesha 14 February 2016

Mutual divorce

Hi I am paramesh, I got married in may 2015, within 3 months of my marriage I got know that my wife had an affair and she is not trustworthy, I couldn't digest the fact that she was cheating me, so I told her to stay away from me and also asked for the divorce. She agreed for the mutual divorce and we filed case also, but she is now changing her words and started blackmailing me saying I forced her to file the case. she told me on face that she was not the right one and she doesn't deserve me and agreed for mutual divorce by producing fake marriage invitation but she now changing her words and blaming me for everything. I can't live with her anymore, I have seen the her photos with her boyfriend read the whatz up history. How do I come out of this , I am tensed and nervous. Appreciate your advice

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Vijay Raj Mahajan (Advocate) 14 February 2016

What case you filed within one year of marriage as the divorce case as such is not allowed but only if prior permision of the Family Court is taken for allowing you to file for divorce within one year of marriage on basis of exceptional circumstances of the parties.

Yes the petition for annulment of marriage on the ground of taking consent of marriage by force or fraud by not disclossing the materila fact or circumstance of the party can be filed within first year of marriage but that too can be filled by one of the party not by both jointly.

paramesha 14 February 2016

Hi sir, firstly thank you for your reply. When I got to know the truth I told my wife we can not live together and she agreed for that so we went ahead and filled divorce case by mutual consent, and to file the divorce case we submitted the invitation as proof of marriage which shows the marriage date is may 2014. Now keeping this point my wife playing a gamble and saying she wants to live with me, she is also threatening if I don't agree she will then lodge a complaint. I need your advise how do i come out of this? I can not live with her anymore, I want a divorce.

paramesha 14 February 2016

Thanks for your advise madam, she is not with me, in October I sent her back to her home, so she is at her parents place now, and we have already filed divorce case by submitting wrong invitation and April 30th is final hearing, and she is now saying, she was not happy to take divorce and she came with me to file a divorce case because I threatened her and this is what she is going to tell during the hearing. So will this cause any problems to me?

Mutual divorce

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