Time for contested divorce if wife accepted all my grounds

If no MCD then it may take 6-7 years (By making just aligation court will not give divorce)

@ Author


In my opinion you are self-assuming too many things on spur of some ‘gospel lullaby’ she may have said to you in private.


See when a matter is settled by consent of the parties or by compromise, in that case, the parties can compromise not only in relation to the subject matter of the petition/ suit, but other matters also in the said petition/ suit and same is permissible under amended Order 23 / Rule 3 CPC and for the same a application has to be moved to get it allowed.

Court in that case will look into the w/s (if filed by her) and or the above application and by applying external collaboration as in application of mind decide and pass a decree on itself as compromise decree. It may take maximum 1-2 hearings in a gap of say 2-4 months dependent on courts workload but not necessarily years it will take to pass a decree.


Now coming to your specific questions which are self-procrastinations and not tenable in eyes of law;

 

1. If the respondent accept and agree all her mistakes on the first hearing itself

Take: It is called admission of all allegations and nothing more to add by way of affidavit and statement thereto if external collaboration by judicial mind reaches to question her ‘admission’ is free of fraud, duress, pressure or collusion.


2. If the respondent not at all attending the court and if I proved all my grounds based on available evidences.
Take: it is called ex party divorce. Takes roughly 1 year if all due process of court followed by your side.

Please don’t say its depending on the court, guide me please as I am in a dilemma between convincing her for MCD or go contested. If the contested case finish in 1 year, I prefer to go for it.
Take: Not only you have to first convince her but her Advocate too. As much depends upon her side’s advocate and circle of well wishers. A women may succumb to your boyish charms momentarily but when it comes to larger public interest policies such one sided ‘admission’ have re-opened cases so see what actually both of you have decided once the suit is already live in a court. Ask her and her side if she agrees to admit all allegations and gives a statement under Oath then go for it and it and using application under O23/R3 CPC get decree accordingly. If she does ‘admits’ yet shy to come to Court for MCD then go for ex party and get the decree executed upon her and it takes the above period roughly.

Do you still think, MCD is the best option instead of going the above ways to get a divorce?
Take: It is always good option to couples who wants to part amicably and voluntarily wants to come to court twice i.e. during first motion statement recording and after 6 months wait on second motion recording date and done with it.


See actually what she and her advocates are saying and if found reasonable then act accordingly. Simply I have filed a divorce suit and procrastinating its ideal outcome does not solve once issues are my view.


@ Utpala aka Ranee

Sometimes wear a thinking cap dipped in petrol from your petrol pump to visualise what in actual scenarios a lady might be going through instead of jumping to conclusion by way of some throw away cheap comments as made above by you. In MCD also parties agree to admitting their faults but say it in different style substance so ...

Bze ‘cultured’ ladies do not prefer to appear in OPEN COURTS hence under spell of boyish charms they privately admit to “all allegations” and try to force HIM to find a way out. This is most common attribute we face day in day out handling ‘cultured’ lady’s cases.


MCD invites to her giving her exposure to OPEN COURT three times whereas in ‘admitted’ compromise decree cases it is only one time she exposes herself to OPEN COURT. Fear of OPEN COURT is tremendous to many 'cultured' ladies believe me when I say this.


Naturally MCD is always best option when main worry is over but then “fear of self exposure” gives way to wobbly knees to many a cultured ladies. Observe in practice what such ladies goes though in Courts then jump to conclusion thus leaving scope for giving last mile respect to feelings of respective parting spouse. This may sound chivalrous statement of mine but court practice experience always brings out the psychosis of the case in hand which then needs delicate handling at last mile.
 

[Not necessarily this may be the scenario with this author’s case but above is said based on some experience that I have.]

PS  (colly. rejoinder):-
”What do you call a interior designer who doesn't finish design school? A worker at Home Depot.”

Is that mean? I don't want to be mean to you but could not stop admiring handiwork of GOD that you did not start practice of Law after your LLB!

Defination of culture is different for me.A cultured lady , according to me is who who never agree for a DIVORCE.

A divorcee is a divorcee  whether she gets it through mcd or contested  or by going to court for once or thrice.!Is her CULTURE remain intact if she appears court for one day?and become uncultured if appears in the court for 3 days...what a funny defination !!

PS  (colly. rejoinder):- 
”What do you call a interior designer who doesn't finish design school? A worker at Home Depot.”(same that a person is not LLb and pretends to be a lawyer...knowledge is a different thing.Some unexpected event in life teaches many thing to a person and changes life..like shonee kapoor turned lawyer from an engineer!  2/3 years later if if keep visiting this site I shall also learn a lot about law..as you too was asking for different judgement from respected lawyers here 2/3years ago!

Who is who, better not to discuss in the legal forum.

Is that mean? I don't want to be mean to you but could not stop admiring handiwork of GOD that you did not start practice of Law after your LLB!

New lawyers are to be nurtured by experienced senior lawyers...you should know...how much did you know practically when you first time got your licence of ..........

Contested divorce case take long time if not strong grounds.

Contested divorce case take long time if not strong grounds.

Thanks a lot Rajeev for your valuable time.

judicial mind reaches to question her ‘admission’ is free of fraud, duress, pressure or collusion.

For all my grounds I have enough proof like her SMS messages, own handwritten letters, medical certificates. She is ready to accept all are her own before the Honarable and I hope there is no question about pressure or collusion.

Not only you have to first convince her but her Advocate too.

She is actually not going to get her own advocate. And all her family members are supporting me, her own parents disown her. So I am free from false dowry cases too.

application under O23/R3 CPC get decree accordingly

i searched google and not getting enough details about the criminal procedure code 023/R3. Can you please give me more details about this procedure please.

See actually what she and her advocates are saying and if found reasonable then act accordingly.

I tried to convince her for MCD, But she is not ready to come to court for 2 or 3 times too. But She agreed if I file a contested divorce she will come to court one time and accept all the gorunds and leave. she is not ready to come to court again, so as per ex-parte divorce i have to get a discree.

And more details about her: She is already a divorcee and has a girl child for her ex. She got divorce from him but she didint apply for custody of the child till now. She got some mental disorders and hides the fact before our marriage. now her parents are supporting me and they are not ready to support her in any way. she is also not interested to fight against me in court. but i cant live with her as she is behaving abnorm and unbearable. so I hope I can apply for contested divorce because I have very strong grounds.

But in my case, I may face a different problem too, She may come to court and accept all my ground and ask sorry for everything she done, and cry before the honorable not to seperate us, she may even fall down on my leg before the honorable and may promise to behave normally in future. How the court will handle this type of situation?

Thanks a lot Rajeev for your valuable time.

judicial mind reaches to question her ‘admission’ is free of fraud, duress, pressure or collusion.

For all my grounds I have enough proof like her SMS messages, own handwritten letters, medical certificates. She is ready to accept all are her own before the Honarable and I hope there is no question about pressure or collusion.

Not only you have to first convince her but her Advocate too.

She is actually not going to get her own advocate. And all her family members are supporting me, her own parents disown her. So I am free from false dowry cases too.

application under O23/R3 CPC get decree accordingly

i searched google and not getting enough details about the criminal procedure code 023/R3. Can you please give me more details about this procedure please.

See actually what she and her advocates are saying and if found reasonable then act accordingly.

I tried to convince her for MCD, But she is not ready to come to court for 2 or 3 times too. But She agreed if I file a contested divorce she will come to court one time and accept all the gorunds and leave. she is not ready to come to court again, so as per ex-parte divorce i have to get a discree.

And more details about her: She is already a divorcee and has a girl child for her ex. She got divorce from him but she didint apply for custody of the child till now. She got some mental disorders and hides the fact before our marriage. now her parents are supporting me and they are not ready to support her in any way. she is also not interested to fight against me in court. but i cant live with her as she is behaving abnorm and unbearable. so I hope I can apply for contested divorce because I have very strong grounds.

But in my case, I may face a different problem too, She may come to court and accept all my ground and ask sorry for everything she done, and cry before the honorable not to seperate us, she may even fall down on my leg before the honorable and may promise to behave normally in future. How the court will handle this type of situation?