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Deepika (House wife )     14 February 2013

Need help to file a divorce

Hi all,


My firend has got married in June 2011 , but now she wants a divorce from his husband , Recently she got hishusband with another woman red handed , and even since his marriage his behaviour was not that good, he use to ask her money every now and then , on top very bad behaviour ,she is tired taking all this from him ,when she told all this to his in laws they told her since its thier personal matter they dnt want to get involed in this. She just dont want to stay in this relationship and atleast they dnt even have any kids . .She can still move out of this realtion and start a new life .Need on how to move for mutual concern divorce and even want to know is it compulsory to stay away from each other for year beofre fillin it .

Thanks in advance for ur support

Expecting a revert soon



Learning

 3 Replies

Sameer12345 (SSE)     14 February 2013

 

My firend has got married in June 2011 , but now she wants a divorce from his husband.

>> Tell your friend to think again. Give time to relationship

 

 

 

Recently she got his husband with another woman red handed, and even since his marriage his behaviour was not that good, he use to ask her money every now and then , on top very bad behaviour ,she is tired taking all this from him

>> Though it is obviously a bad act of husband. But it is not the behaviour of husband only has got changed. Other spouse bahavious also seems to be change with the act of husband. Both should sit and talk to each other. The women may not remain with him for lifetime. If Husband and wife got divorce, both has to face consequences.

 

 

 

when she told all this to his in laws they told her since its thier personal matter they dnt want to get involed in this.

>> In laws are good and practical. It is good that they haven't taken side of anyone.

 

 

She just dont want to stay in this relationship and atleast they dnt even have any kids.

>> This is again good that kids are not in this relationship.

 

 

She can still move out of this realtion and start a new life.

>> Good sign that the relationship will survive.

 

 

Need on how to move for mutual concern divorce

>> Make him agree.

 

 

and even want to know is it compulsory to stay away from each other for year beofre fillin it.

>> Staying away is not compulsory. Strong ground required to get divorce within one year.


(Guest)

My firend has got married in June 2011 ,

 

OK

 

but now she wants a divorce from his husband

 

OK

Recently she got hishusband with another woman red handed

 

DId ya friend talk why he need another woman when she is there?  Was it a trap?  Was he being trapped by other woman?

 

 

and even since his marriage his behaviour was not that good

 

OK.  Behaviour not good, but did she not do any background checkups before marriage?  Is she comparing her husband with soneone else?  mean to say, did she have any boyfriend affair before marriage?


 he use to ask her money every now and then

 

These are difficult times, one man's earning not sufficient, wife also should shoulder some responsibility wisely

 

on top very bad behaviour ,she is tired taking all this from him ,when she told all this to his in laws they told her since its thier personal matter they dnt want to get involed in this.

 

Salute inlaws.  Perfect decision by inlaws, you cannot go complain to your parents or his parents, there is something like family, you should solve things yourself instead of going to other people.

Family life depends on only two, the husband and the wife.  They have to solve matters amicably between them letting not go the scantitiy of marriage.


 

She just dont want to stay in this relationship and atleast they dnt even have any kids . .

 

OK.  According to you one less burden. OK

 

She can still move out of this realtion and start a new life .

 

OK.  But why dont you ask your friend to give it a try?  Every relationship needs time, instead of going to inlaws or court, why dont she adopt the wait and watch policy? 


One needs to take the other person into confidence, and that my dear will take a lot of time, remember  even to trust a life long friend one would take a lot of time, same applies here also.  TRUST and confidence would not come so easily.  ASK her to give some time to this relationship.

Need on how to move for mutual concern divorce and even want to know is it compulsory to stay away from each other for year beofre fillin it .

 

MCD is mutual consent divorce = Divorce

 


 

Contested divorce =  Divoooooooooooooooooooooooooooooooooooooooooooooorce


First one takes one year, now that law perhaps has been changed to six months of marriage. 


Second one may take four to six years depending upon the other party's intentions of not willing to give consent to mutual divorce.

P.Bashista (Advocate)     14 February 2013

A mutual divorce petition is to be filed by you and your husband in Court. The Court in receipt of your petition will refer you to the mediation and conciliation cell. If the meeting/s at the M&C cell fails the Court will order you both to seperate for atleast 6 months and will give you a date of hearing after six months. This is known as 1st motion.

After six months when you will come before the court the court will again ask you that whether you still stand by your decision or intend to reconcile. If you still stand by your decision of getting the divorce, then court grants you the divorce. This is called second motion.


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