Divorce
Querist :
Anonymous
(Querist) 04 February 2019
This query is : Resolved
Hi
My friend married a girl few years back and that woman cheated on him with other guys. So they headed for divorce. Mutual. All went well and their final hearing is next week. Believing things ll go fine and knowing the fact that girl s also in live in relationship with another guy, my friend found another girl and they decided to marry this March end. Marriage work s progressing. But now that girl says she can't come to this hearing as her father want her to wait until his arrival from abroad which may take a year.
Now my friend and his fianc� are in huge trauma. Is there any way this marriage can be held by taking NOC of that girl?
Ps: she mentioned to lawyer that she have no idea of reuniting as well. Its just the time factor her father wants to chk on the final docs as the mistakes where his daughter's.
Pls give an amicable solution.
Guest
(Expert) 04 February 2019
Second Marriage with out divorce in first marriage would be legally null and void please
Guest
(Expert) 04 February 2019
If you have a solid evidence of her Adultery you could file a fresh suit for divorce basing on adultery.
Guest
(Expert) 04 February 2019
First send a strong Legal Notice to your wife regarding the Fresh Divorce case basing on her Adultery and she would certainly co operate for the Mutual Consent Divorce
Vijay Raj Mahajan
(Expert) 04 February 2019
Let the wife send her father all documents with regard to divorce by mutual consent to her father as email attachment to wherever he's living in foreign country, those he can check and revert back through email, after all its the daughter who's taking divorce not father.
Secondly marriage during subsisting first marriage is wrong, the second marriage will be null and void as well it may result in the prosecution of the man for bigamy, even a NOC from first wife for second marriage during subsisting first marriage will not make second marriage valid.
The man should wait for the date for second motion and see what happens in the Family Court.
SHIRISH PAWAR, 7738990900
(Expert) 04 February 2019
If mutual consent is not possible you can proceed with cruelty ground for divorce against your wife.
Guest
(Expert) 04 February 2019
Author had clearly stated only Adultery which is an ample ground for obtaining Divorce and author had not stated or discussed about any cruelty please.i
Querist :
Anonymous
(Querist) 04 February 2019
Thank you everyone. Narasima sir,, sending a legal notice requires a proof for adultery or they ll ask only during hearing.
Also, will that not disturb mutual divorce case into contested one?
Querist :
Anonymous
(Querist) 04 February 2019
Thank you everyone. Narasima sir,, sending a legal notice requires a proof for adultery or they ll ask only during hearing.
Also, will that not disturb mutual divorce case into contested one?
Guest
(Expert) 05 February 2019
A Legal Notice will not disturb MCD and it is sent only for yous wife's non co operation in completing the MCD. Adultery need not to be proved in Legal Notice but it has to be mentioned being the fact as mentioned in your Query please
PARDEEP KUMAR
(Expert) 05 February 2019
Aptly advised by Brother Vijay Raj Mahajan,
Advise of rest should be followed only at secondary stage, as they could consume time, resources and would invite many legal troubles.
Vijay Raj Mahajan
(Expert) 05 February 2019
Divorce by mutual consent is a divorce process where the option open with both parties to withdraw one's consent for divorce till the final order of divorce is pronounced by the Family Court.
Any wrong step taken in haste by you can make your wife to withdraw her consent for divorce and than you are in square 1. Try to work out the matter amicably otherwise unnecessary raising issue like adultery of wife at this stage will spoil your divorce by mutual consent.
Guest
(Expert) 05 February 2019
The Querist had clearly stated that the wife is going to delay the MCD case for one more year as she prefers to wait for her father's arrival from abroad. And what would happen after that one year is uncertain.
Guest
(Expert) 05 February 2019
Sorry to repeat- A legal; notice regard to Divorce suit to be filed basing on wife's Adultery would certainly could motivate her in extending her co operation in completing the MCD please.
K.K.Ganguly
(Expert) 05 February 2019
1. Your friend can not remarry withoutv divorcing his wife.
2.. His wife has no reason for waiting for her father to arrive in India since he has nothing to do with the MCD. It seems that she has some other agenda in her mind.
3. Your friend can file a divorce petition and if his present wife further agrees, can file an application to concert the said divorce petition to MCD petition and in case she again fails to appear on the day of the 2nd motion, the case should be treated as divorce suit and should be heared accordingly.
