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Arup Chatterjee (Scientist)     23 July 2013

Mutual divorce after appealing nullity

We are married in February, 2009 by SPecial Marriage Act. But in July 2010 my wife  filed a case for NULLITY of marriage on pressure of her parents after they came to know about our secret marriage.  My wife demanded we never lived together and we didnt have any conjugal relation and some other false allegation to prove that I was a fraud. 

But for last few months while the hearing was going on and my advocate was crossing the Judge went in favour of me and realised the fact that all the allegation they gave was false and not sufficient for Nullity as I had lots of proof of our cohabitation and conjugal life. When their advocate understood that the case was going against them, my wifes advocate proposed for a out of court mutual. The judge also suggested for mutual consent divorce. I always wanted that Mutual Divorce because I was against the NULLITY with all those false allegation.

last week the advocate of my wife has told my advocate that they are NOW ready for mutual Divorce. They will admit the marriage and go for divorce but they want to write that we never lived together.

My question is:

Should we still wait for SIX months after petition for Mutual Divorce? Or as the case is continuing for last 3 years, can the court order DIVORCE before that WITHOUT waiting for that 6 months? Is there anyway to get it solved early? Can the judge consider that 3 years as that waiting period?



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2013

Dear Querist

It may be possible, it's depend on The court if the court take your case as exceptional then the court have right to consider the same


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