Arup Chatterjee (Scientist) 25 July 2013

Wife wants to withdraw nullity case and file a mutual divor

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.

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Adv. Chandrasekhar (Advocate) 25 July 2013

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.

In the MCD agreement, if wife accepts divorce without maintenance, get it recorded so that you need not pay any thing. As she is interested to dissolve marriage on the ground of nullity, she will accept MCD without maintenance.

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.

No. both have to wait six months from the date of first motion till get the divorce decree.

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

If in MCD agreement the wife puts a condition that both parties are refrained to file any cases against each other in future, you are prohibited to do so. It is also good for you to avoid courts after taking MCD decree.

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.

Answer as above.

niranjan (civil practice) 25 July 2013

Both of you will have to file mutual divorce petition before the court wherein all conditions will have tobe incorporated including questionof permanent alimony.Though court usually do not waive six months period,however it court thinks fit,can do and give you divorce. So far defamation case is concerned,since you are taking MCD,I do not think that would be possible.