Manish Prasad 08 March 2017

Divorce by concern

My marriage has completed 11 month. Due to misunderstanding between me and wife ,I want divorce by concern. My court marriage has been occurred at separate place, but she lives in diffrent place. Now she want that , separation is processed at her residence , by giving power of attorney to my relative (cousine brother).1. Is it possible for the case of divorce by concern ?? 2. By providing power of attorney ,will I able to separate from court proceeding ? Because I am also govt job holder and she also belongs to govt job holder. Pls guide

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6 Replies

(Guest)

You need to hire a single advocate. However place of filing depends upon you people, it must be

Last place you stayed during marriage.

Place of marriage.

Current place where you are staying.

Regarding POA, it is possible to appoint POA. Rest terms and condition of divorce need to be sorted out and reduced on paper with your advocate.

You need to wait 1 more month to file divorce, as 1 year should be completed for asking divorce. Waiting period for getting divorce decree is 6 to 18 months, both parties need to appear on second date given by court to give consent for divorce, only then divorce decree will be granted. However, any of you can withdraw your consent before expiry of 18 months by not appearing in court. Then divorce wont be granted. If still one party wants divorce, can file divorce under any of the grounds available for divorce under Hindu Marriage act. Aur kuch?

Manish Prasad 08 March 2017

If wife is working,, is it possible in law that despite ,divorce by mutual consent ,,wife claim some sort of maintenance money .

(Guest)

Wah beta free mein divorce chahiye?

Divorce by mutual consent is possible only by way of husband paying hefty one time alimony to wife irrespective of whther wife is illiterate, working woman or crorepati. If husband wants mutual divorce, he will have to pay one time hefty alimony, please refer case of bollywood actor hritik roshan.

Sachin (N.A) 08 March 2017

Originally posted by : Manish Prasad
	If wife is working,, is it possible in law that despite ,divorce by mutual consent ,,wife claim some sort of maintenance money .

In mutual divorce terms and conditions will be decided by both the parties, if she agrees for divorce without money its ok. Court has no problem with that.

Kumar Doab (FIN) 08 March 2017

MCD shall be easiest and quick.

Both parties may sit and discuss the terms and conditions and demands amicably.

(Guest)

As you both are working in Govt sector, your salaries are fixed. Settle amicably for some amount, if you dont want to pay her any money etc, it will lead to contested divorce. Contested divorce will take one decade to get over, and in the end you will lose lot of money on litigation and may have to pay wife without getting divorce. So plan properly and take MCD.