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Teja (Engineer)     07 April 2011

Need Divorce

Dear Members,


I have a particular case;

Boy 'X' is a widower and has a girl from first wife.

Girl 'Y' is a divorcee and no kids from first marriage.

Girl 'Y' has a girl baby from 2nd marriage to Boy 'X' but now refusing to look after the first wife's kid and also Boy 'X''s parents. Both decided for a mutual separation but no MCD was filed before she delivered the baby.

Now the Girl 'Y' does not want a seperation from Boy 'X' but still on the same grounds that neither she will look after the first wife's baby & Boy 'X' parents nor the Boy 'X' should not do the both. She wants him to completely to withdraw from the responsibility of looking after the kid & Boy 'X 'parents. Boy 'X' is completely heart broken and kept away from her, both are living seperately. He does not visit her, does not take care of her nor the kid of Girl 'Y'. He also feared that cases like DV/498A may be filed, so he kept himself and also his family members away from her.

 

What are the grounds the Boy 'X' can apply for the divorce? MCD is an option, if she does not agree for MCD what can be the grounds should he prove, if he applies for a contested divorce? They do not have any marriage proofs, no wedding card, no photos. Their wedding happened in a Temple, prior to the wedding if they registered their marriage in the temple, will it act as a proof for their marriage to apply for a divorce?

 

Expert lawyers need your heartful suggestions in this case because there are no proofs for all the above said facts except for the verbal conversation between both X & Y. How can the boy get divorce if its not MCD? Will the maintenance come into question since the Girl is also earning handsomely?

 

Awaiting your reply

Thanks,

ST



Learning

 2 Replies

Damayanti (Unemployed)     07 April 2011

Registration of marriage is not a mandatory requirement to invalidate any marriage.

 

And anyways your case seems very weak, frankly.

adv. rajeev ( rajoo ) (practicing advocate)     07 April 2011

she can ask for the maintenance.


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