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498-must-scrap (Manager)     19 May 2012

What should i do divorce or start life with her

Hi Lawyer,

I'm a 28 yrs old and married in Nagpur on 16-JAN-2010, I am residing in Nagpur & she is not living with me from begining, We were working together in MNC & we both Were falling in love then we decided to get married But I was thinking It's not good time to get married, That's why I spoke to her about marrige because that time wasnt confirtable for me, She said just put the registration in court we will start our married life after some time, & we both got married infront of her relative & unfortunatly my parents are still unaware from this case, she is not living with me from begining, but we are discussing on phone, from last 1 years we both realised we was wrong, we always fighting on phone by  lots of small things because we dont have understanding between us

Due to my tight work schedule I couldnt spend time to talked with her also couldnt meet with her, I can get her at my home but she is not agree to live with my parents also we dont have understanding between us, Please help me and advice how to get out of this marriage asap. I'm going mad each day. My life was lot more peaceful before marriage.
 



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 9 Replies

Ranee....... (NA)     19 May 2012

If she also feels same like you then you both should get divorced and start a fresh life .You can go for MCD.

Tajobsindia (Senior Partner )     19 May 2012

@ Author

1.
Divorce is the route both need to discuss now. Opt for no bars attached MCD and flat 6 months get over with and strat life fresh.
Reasoning:
1.
Un-compatibility.
2.
Distance between couple resulting into healthy face-to-face communication breakdown.
3.
Hasty decision where one family does not even know their child has got already married which is not a good social healthy way to enjoin on such happy social occassions.
4.
Different locations of couples. Job stress. Pressure from society and self. Different expectations between couples.  


Alternately:

Discuss with a marriage counselor jointly but then who will set the meeting and will other spouse willingly join to make these work as counseling is good but needs regular touching base with counselor so given to read diverse geographies you both are see if this shot going to work!


May be opt now for separation and work your way through to win her over and start fresh with her or without her i.e. give this too a shot!


More than any of the above paras it is parties amicable joint decision which brings best outcome in such situations as the more you publicly discuss from third persons about your bedroom the more [confusing] remedies are offered.

498-must-scrap (Manager)     19 May 2012

Thanks to quick responce,

I have one question, sometime She is saying about divorce but she is not agree to come in court for file case in court, she always saying u can submit case & come with Divorce papare I will sign on it but she is denying to come in court

Is it possible to get divorce without her availabilty in court ?

by the way whats the meaning of MCD ?

Tajobsindia (Senior Partner )     19 May 2012

@ Author


Understand that a Indian lady at the end of the day always feels shy to be publicly exposed in such parting matters! Respect her last feelings/wishes if that is what both of you have finally decided and act upon finally with wide open eyes when remedy exists.
Remedy:
Read thoroughly some of my older post on video conferencing and on POA (Power of Attorney) MCD (Mutual Consent Divorce) discussions that I wrote / disscussed with prudent member sof the Bar here citing genesis of approval in Law of such MCD procedures now a days adopted by lots of Indian Courts and various up-to-date Judgments from pan - Indian Courts to make easy such MCD proceedings in favour of parties. By reading these discussions of mine you will understand that it is not "binding" now-a-days with advancement of various Courts on tech. fronts for both and/or either parties to be present physically during their MCD proceedings (i.e. during first and second motion). They have been allowed to wash their marriages off by a POA and or via Video Conference route by seeking first permission of the Court citing "extreme hardship" and or “non-availability of one or both spouse” clubbed with “availability of video conference software in concerned Court complex” etc. as some of the acceptable reasons.


In her pressed situation all that you need now to invest upon is on a Advocate practicing in Family Court of Nagpur and get first of all drafted an MCD Petition along with separate Application seeking Exemption of non-appearance of parties citing above reasons and another separate Application to allow parties to depose before Court either via POA route or via Video Conference route (which ever you finally discuss with yoru advocate / jointly decide as parties appearance clause) annexing separately Notarised and executed via Non-Judicial Stamp Paper a Agreement / Compromise Deed of handing over / taking over materials and non-materials between parties to end their marriage along with settlement of all their past, present and future dues (standardized template your local Advocate should know about). Mark places where her signatures are required in all these judicial materials (papers). Send to her all these materials by courier for her signature at marked places. Ask her to return them back to you along with her true copies of Residence Address proof as well as true copies of her Photo ID proof + 1 recent PP photo of hers. If marriage was ‘registered’ annex true Xerox copy of marriage registration certificate with MCD petition and if not then annex wedding photo atleast as having proof of same parties before Court really wedded as living entity before Court otherwise dreams of parting may end up as some other party name there - some other party seeking divorce and travesty of Justice happens, some courts even granted divorce as courts were tricked into by one party
J


BTW, I did read reply of one of my fellow advocate brother in your other (duplicate) post here of today. All I can comment to his reply is that he is ignorant of video conference divorce route and or POA divorce route.

s.k ganguly (manager)     19 May 2012

i can not  want to divorce. but my wife want to divorce bcouz of  some  small  miss understanding.. i think if we got some time , we will be solve our miss unterstantding. i can not  want to  gave  her divore . what to do now ? 

s.k ganguly (manager)     19 May 2012

i can not  want to divorce. but my wife want to divorce bcouz of  some  small  miss understanding.. i think if we got some time , we will be solve our miss unterstantding. i can not  want to  gave  her divore . what to do now ? 

Ranee....... (NA)     19 May 2012

kk,

start a new thread with your query..you will get proper response from experts...

s.k ganguly (manager)     31 May 2012

My  wife want  to mutual  divorce. but  I  can  not  want  to divorce. she told  me  if  I can  not  gave  her  divorce, she  file the  divorce case... agenst me. I love  her very much.. I want  to  continue this case as longer as possible..what  can I do ? if  we  face contest divorce case, maximum how long time expected ?? I belive if I take time we will solve  our misunderstanding...& save  our married life..plz advice me..........

rajiv_lodha (zz)     31 May 2012

Though contested divorces take years to sattle....................but remember NO LAW ON EARTH FORCES A NON-WILLING SPOUSE TO LIVE WITH U


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