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Tarun (Research Analyst)     15 November 2010

Strange Situation

Hi Friends,


Me and my wife would be filing a mutual consented divorce this December. Now the reason for her divorcing me is her affair with a muslim guy ( and she is hindu punjabi).

Since she has betrayed all of us and that 's the reason her parents are totally in my support and though after 10-11 months she has agreed to her parents now that because of her affair she is divorcing me (marriage happend on 27th nov., 09.... after knowing her affair I left her at her parent's house on 1st jan.,10 from where she ran away on 2-3rd march.,10). Now as per her statement she is staying in a PG but we all know that for whom she has done all this.


Now since we all (me, my family and my in-laws) are in a same boat and betrayed by her. In case if she tries to play smart in the court tomorrow alleging me of her present condition, would her parents statement in my favour would be of any help to me.

If her parents say in the court that because of their daughter affair, she is divorcing me and even they don't want me to suffer because of her and divorce should be granted to the boy, will this work in my favour ?

In case if i go for a contested divorce and not mutual consent, will their statement in my favour play any role in quick decision making from court's end.


Looking for detailed and honest replys.

Thanks



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 November 2010

Your in-law's evidence will be of great help to you in case of any allegation of ill-treatment by your wife. Try to go for mutual consent first, if not possible then file for divorce unilaterally. Even if your in-laws are ready to depose in your favour, MCD will be much faster than contested one.

Tajobsindia (Senior Partner )     15 November 2010

@ Author

1.
catch 9 situation you are in.


2. Always voice record her and In Laws statement till the time a joint MCD is filed.


3. Still better if In Laws are in your side as you say then politely ask them to state the daughter's affiars as a signed statement before proceeding on MCD route.


There are one too many sips between cup and lips so thread cautiously with open mind till her first statement recording and pray your best prayers during MCD ‘cooling period’ too!  

swatirswatir (learning law)     15 November 2010

keep in laws in gud humour, otherwise she may land u up in a soup.

Tarun (Research Analyst)     15 November 2010

Thanks all for your honest opinion........... I must say that it's only a name of in-laws that is given to this relation otherwise I'm a son to them and I treat them as my parents......... I can probably say that I'm one fortunate person on this earth to have got such kind of people as my in-laws and all of their relatives ( like her chaacha -chaachi with whom she stayed before running away, are in my favour and ready to go to any extent to save me from this mess.......even if it mean a punisment to their so called daughter

swatirswatir (learning law)     15 November 2010

kism kisam ke hote hai. 498a in law suna hai?

take care in ur next marriage ki 498a wale in-law na mil jaaye

Dharmesh Manjeshwar (Advocate/Lawyer)     16 November 2010

If both of U propose to get divorce by mutual consent ....... then there is no need to mention anything against each other in the petition ............ thats the benefit of an MCD ...........  and there is no need to give evidence of anything ......... Both of U have to be present before the Court ................ 

If ur wife has agreed for MCD why do u want to go for a contested divorce .... it makes no sense ............ 

For a quick solution MCD is best .........


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