nnath 26 December 2014

How to get divorce after 498a and 3 yr separation

Hello,

I need advice from a lawyer. The story in short is a follows:

The marriage was under hindu rite and custom in 2005. Wife filed a 498A case in 2006 then Hon’ble court gave a judgment that it was her misunderstanding and she was living with her husband in 2009. From 2011 both start living separately without any contact. They have an issue (6 yrs) who is living with her. Husband is living in a different state and her relatives threatened him to visit the town where the marriage was solemnized and where they were last resided together.

Q1. Can he apply for a mutual divorce without visiting that town?

Q2. If wife already filed a divorce file how he can know this?

Q3. What is a normal time-frame of getting a divorce decree in such situation?

Q4. In a mutual divorce who will get the child custody?

Thanks

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5 Replies

ROHIT SHARMA (Legal Advisor ) 26 December 2014

1.Mutual consent divorce can be filed together only. This can be filed at convenient location that is either at the last place you were residing together or at the place where is now presently residing.

2. If she had filed a divorce petition then obviously the court will send you summons. In case her advocate plays some rick and the summons are not delivered to your and returned as not served then the court will insist to have a substitute summons through publication in news paper.

3. The question about the time duration it is depends on actual situation at the material time. No time frame can be anticipated as of now.

4. Mutual Consent Divorce deed can contain such terms of child custody.

nnath 26 December 2014

Thank you Rohit Sarma.

T. Kalaiselvan, Advocate (Advocate) 27 December 2014

I go by the opinion rendered by learned advocate Mr. Rohit Sharma, there is nothing more to add to it.

nnath 28 December 2014

Hello Kalaiselvan,

I have described the current situation here https://www.lawyersclubindia.com/forum/How-can-i-divorce-my-wife--114507.asp

Kindly advise. Thank you in advance.

Regards

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 25 January 2015

Q1. Can he apply for a mutual divorce without visiting that town?

A.1 Yes, subject to consent of wife for mutual divorce

Q2. If wife already filed a divorce file how he can know this?

A. He will receive summon by the court

Q3. What is a normal time-frame of getting a divorce decree in such situation?

A. If mutual consent divorce, 6-12 months.

If others, cannot specify limit

Q4. In a mutual divorce who will get the child custody?

A. Presumably to wife if child less than 5 yrs old. Who can give better education and best care. Lastly mutually decided and as suggested by the court.

Thanks