Arup Chatterjee (Scientist) 25 July 2013

Which one is better nullity or mutual

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.

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.

My question is

1) My wife is working in a MNC and earning good. Can she demand maintenance from me? I am a student and dont get salary, I just get Scholarship.

2) I heard that you need 6 months after filing a mutual divorce case. As we have already passed 3 years on that NULLITY case, can I ask the court for a earlier decree without waiting 6 months.

3) They harrashed me with false allegations for those 3 years. Can I make any case of defaming me?

4) Can I file any case against giving false statement in the court? I heard giving false statement in the court is a criminal offence. I have enough proof to prove her statements false.

Reply Follow

6 Replies

(Guest)

Dear Arup,

From your querry it is not clear as what you want exactly.In one way you only favoring MCD and again asking the question of contested divorce.

1. In MCD the couple decides the maintenanace(maintenenace are decided by court if you contest it).

2. If she is ready to give MCD,then what is the problem,as you are lucky champ whose wife is willing for MCD.better go for that by no maintenanace as she is working.

3. If MCD is done then why you will backfire further that is of no use.Once settlement been done the story ends here.

Leave peacefully after that,succeed in your carreer and marry a compatable and honest girl.

Regards,

Shantanu Wavhal (Worker) 25 July 2013

MCD & Nullity are NOT either - or s.

both are granted on separate distinct grounds.

Arup Chatterjee (Scientist) 25 July 2013

Thank you all.

Sufferer:

1) I don't prefer NULLITY because they are trying to prove me fraud with some false allegations.

2) I am always ready for MCD. But I am not sure if they can demand maintenance after MCD.

3) As my wife is working, and earning enough does it ensure that she will NOT BE ABLE to demand maintenance?

4) I was asking for contest because I have been suffering for last 3 years for no reason. And it is almost proved. And thats why they are NOW ready to withdraw the case for NULLITY and ready to MCD. But who will pay for those 3 years during which I was suffering for her parents EGO, PRIDE OF MONEY and their false allegations?

(Guest)

@ Arup,

1) I don't prefer NULLITY because they are trying to prove me fraud with some false allegations.

Ans: If you contested this nullity for 3 years what you achieved,It doesn't make any sense as you also need divorce she also needs divorce then what was the problem.Better you would not have defended all these 3 years.

2) I am always ready for MCD. But I am not sure if they can demand maintenance after MCD.

Ans: Once you sign a MOU infront of court stating each points in it.No claim after that once decree been given to both of you.

3) As my wife is working, and earning enough does it ensure that she will NOT BE ABLE to demand maintenance?

Ans: It depends on the facts and circumstances that you put for her qualifiaction,experience and earning infront of the judge before order of maintenanace.But this matter will come under contested divore by either side of the pettitioner who is seeking divorce.

Ans: See nullity is different issue MCD is different. If your motto is to get rid of her then why you are so worried by either of both you will get divorce.Let your wife to move ahead as she seems more desperate to get divorce than you.Then why you are getting headache to contest it.Make your self as expartee don't hire even a lawyer also.Save these money for alimony.

See Maintenanace is the matter of facts and circumstances by either of the couple to proove that she/he is unable to maintain herself on that basis judge gives the order.

Thanks

Arup Chatterjee (Scientist) 25 July 2013

Thank you SUFFERER for your detail reply. But what is alimony? Can she demand that alimony even after MCD?

(Guest)

Alimony is the price tag of husband to get freedom from her annoyed and extortionist wife:

NO . Once MOU has been signed with consent of each side of the couple without any fraud or force then this MOU is placed infron of the honourable court and told
that these are final settlement been agreed by both parties and we are ready to dissolve our marriage on so on so reason without any doubts and force it is our request to pass decree fo MCD.

The judge will ask both of you to re appear after 6 months for second motion.Once you both are stood infron of judge after 6 months the judge will pass a decree of divorce and no claim further.