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Appal Pote   27 September 2016

Can one be forced sign divorce papers.

Hi, Recently wife of one of my friends moved out of house and is forcing my friend to agree for mutual consent divorce. They have been marred for more than 15 years. Have two children (12 and 4). She says she is not happy with him and wants to settle with a person with whom she has been in love for more than 5 years.

My friend doesnot want to give divorce to her as he feels the kids should have both parents. My friend feels the lady does care for children.

His worry is can he be forced to sign to divorce documents / papers.

Thanks.



Learning

 5 Replies

A walk alone (-)     27 September 2016

Ask your friend to dnt take tension no one can force to sign divorce paper. But if your friend dnt ready for MCD then she can file contested divorce.

Mukesh sharma (job )     27 September 2016

Hi no one force for divorce if your freind not ready for divorce than MCD not possible and wife want to divorce than she file for divorce in court so fight your case in  court 

 

Appal Pote   28 September 2016

Thansk Gentlemen, Mr Ramesh, why and on what grounds wll she be able to stick  IPC ?

15 + years and 2 kids.


(Guest)

Don't worry about IPC (498a) or DV (civil) cases. After 7 years magistrate won't take cognizance of dowry harassment. 498a can be still filed for general cruelty, but will get station bail for sure. As for DV case, she won't get much out of it and she will also have to run for court equally for it. If she files contested divorce, it will take 4-6 years to get the result. In the end, she won't even get the divorce, because courts RARELY give divorce when couple have kids. She needs very strong, horrible case to get divorce when they have kids. 

Also, your friend can also file for visitations, custody etc., as his right (actually he'll have to) which will make her run around courts with two kids also. In two years, she'll be so bored, she'll forget about divorce. 

Summarily, tell your friend there is nothing to worry. If she wants to go legal route with cases, IPC cases and divorce, let her. She'll have to face equal if not more trouble. If she files false 498a, that will go against her both in contested divorce petition and also child custody petitions.

I do suggest not agreeing to divorce for the welfare of kids. That triangular story (wife, husband, lover) will not work and his life will become from being on the frying pan to being on the stove directly.

 

 

 

Appal Pote   29 September 2016

Thank you Mr. Venkat for detailed response.


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