Fast divorce guideline
Shiv Gawale
(Querist) 04 November 2013
This query is : Resolved
Fast Divorce Guideline
Give me information, how I can do as early as possible divorce from my wife, 3 years before I had married, and I have one child of age 9 month, and she is not with me from last 1.5 years.
She had done complaints in “Paramash Kendra” against me as Dowry, Domestic Violence, etc. At result in front of “Paramash Kendra” she accepted her numbers of mistakes in during married life, she has given in writing her numbers of mistake, and I have sufficient proof of her bad behavior.
Now I want divorce from her as early as possible, let me know how I can proceed with fast way, give me details with proper provisions or act or rule etc.
In short give me details of fast way for divorce; Please help us for me and my family.
ABDUL RAZIQUE
(Expert) 05 November 2013
There are some time duration that help you.
Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.
Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.
ABDUL RAZIQUE
(Expert) 05 November 2013
You may file divorce case under Sec 10 of "Indian Divorce Act 1869"
DISSOLUTION OF MARRIAGE
10.When husband may petition for dissolution.-Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
or has been guilty of incestuous adultery,
or of bigamy with adultery,
or of marriage with another woman with adultery, or of rape, sodomy or bestiality,
or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,
or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.
Contents of petition.--Every such petition shall state, asdistinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.
Shiv Gawale
(Querist) 10 November 2013
Please give me more guidlines
ajay sethi
(Expert) 10 November 2013
Mr gawale
you have nine month old baby . for sake of your child try to reconcile . your wife has admitted her mistakes . try to involve elders in arriving at settlement .
you have not mentioned where you are located . better contact a local lawyer . contested divorces in mumbai may take years
ABDUL RAZIQUE
(Expert) 10 November 2013
Agree with Ajay Sethi Sir.
Shiv Gawale
(Querist) 11 November 2013
Dear Ajay Sethi Sir,
In first look it may seen, I am doing something wrong with wife because she has one child.
Actually I have too much tried to convince her to go with proper way. Her top priority is separate from parents which is not possible, whatever if I separated I understand she will not converted with good thinks. she has not stayed with me more than total 4 months in last 3 years.
Even I told you that, she has numbers of time tried to suicide, tried to fight with my mother.
Even on planning she stayed baby, to checkmate on the base of baby to me.
Whatever I can accept my baby if divorced.
Well I will considers your points also.
Whatever please guide me, Can Fast tract court applicable for my case, if yes than whats the benefit for me in the view of time.
also guide me, If "family court" applicable for my case, whats the benefit with compare to district or Taluka court in the view of time.
I have to separate as early as possible, me and my family is in problem.
V R SHROFF
(Expert) 11 November 2013
also guide me, If "family court" applicable for my case, whats the benefit with compare to district or Taluka court in the view of time.
ANS:
YOU HAVE NO CHOICE.
IT ONLY DEPENDS ON WHERE U LAST RESIDED, OR WHERE UR WIFE RESIDE.
FAST DIVORCE::
IN ONE DIVORCE CASE No. O.P. 67/2000 in Andhra Pradesh u/s 13B, MCD , Divorce Petition filed on 16-06-2000 , Divorce allowed on 17-06-2000 :: within 24 hours:::: WHO BOTHERS??? THIS IS INDIAN COURTS: [ That too, without the knowledge or consent of WIFE, who deliver child before few months!!! THIS IS INDIA & IT'S COURTS... HC investigating this case for last 12 years, as WIFE COMPLAINED FRAUD....NO MTN, NO RESULT!!! wIFE AND HER 12 YRS SON NOT EARNING & STARVING!!!!! Husband re-married his GF next day!!
MERA DESH MAHAN :
Will any Politician / Legal authority investigate and punish those culprits?? or corrupted Judge??
After passing 12 yrs, have she to wait Lifetime for justice, or continue starving??H adm her drugs to get her mental during pregnancy and after child birth!! , together with his GF..
INDIAN COURTS, POLICE, ENTIRE ADMINISTRATION OF LAW AND JUSTICE IS FULL OF CORRUPTION, AND ALL 100 CR INDIAN PEOPLE HAVE NO TRUST/ NO FAITH ON INDIAN POLICE OR COURTS. Indians avoid Courts and Police.
As its are pawns in hand of Goondas and Dirty Greedy Politicians/ Rich Builders/ Businessman / corrupted Govt. Officers. .
JUSTICE IS SOLD, NOT DELIVERED.
FAMILY COURT/ LAWS RULED BY LADIES FAVOURING LAWS: Favouring Wife, at the cost of Marriage!!At the cost of Family. Elderly parents have to disown their own son, due to fear of 498A by wife..
Parents celebrates Wedding in presence of thousand relatives & friend, welcoming DIL spending few Lakhs, and DIL send them old aged parents to JAIL, arresting u/s 498A.& want to separate son from mother!!!or go to jail..
Politicians for want of VOTES, pass any Law/ not for justice, but for vote to double their Notes in a year!!. Man suffer. His family SUFFER :
And Politicians , who pass Act, go on Foreign SAFAR, at ur cost.
Only populated city are covered under FC, if it is established.
Otherwise SD civil court for Hindus.
90% wife insist separate residence, as they hate MIL.
So both of you need councilling, not Divorce.
Difficult to survive, in this corrupted, unjust country, so -- so -- settle, don't increase tension, or make life miserable.
Everything settles with time: Do not hurry.
We Indians are forced to accept injustice..
ajay sethi
(Expert) 11 November 2013
the issue would be whether your wife wants a divorce or not . if she dosent want divorce it will take years . no short cuts .
your best option is to convince your wife to go in for divorce by mutual consent as she does not want to stay with you . in such a case you will get divorce within period of 1 year
Shiv Gawale
(Querist) 24 January 2017
Sir,
My wife was leaving without me and stay separately in last four and half years with our son which is around four years old. In between plenty of times we have tried to settle the matter in front of family members & relatives but she is demand lots of money to left me which is not possible. So, result of these she had intimidate to me and file fake complements in family court like “Domestic violence” & “Maintains (125)”.
In view of above my question is can she is liable for file another fake case on me which is related to dowry (498A), especially she is stay separate with me since last four and half years?
Also suggest or guideline more way to get divorce ?
Guest
(Expert) 24 January 2017
Dear Shiv Gawale,
Once the matter goes to court, nothing remains fast. The process squeezes a person fully in terms of time and money.
So better adhere to any one of the two alternatives, the compromise or the process of divorce, as advised by Shri Ajay Sethi.
Shiv Gawale
(Querist) 01 March 2017
I fully agree with P. S. Dhingra sir , in view of above I am not appearing the court to till January and we have trying to out of court settlement or compromise but last week “samans” published in news paper under section 125 so , I have no idea to what will i do ? It is kind request to suggest legal way or further guideline.
Guest
(Expert) 02 March 2017
Dear Shri Gawale,
That is the best decision if both of you compromise with mutual trust and cool mind instead of wasting precious time, money and the mental peace in the court proceedings.
For any compelling reason, if you really want divorce, mutual consent divorce can be the solution.
Shiv Gawale
(Querist) 01 October 2017
Sir,
Kindly review above communication, my wife was stay separately in last five years at Madhya Pradesh (MP) with my 4 yrs. Son along her mother and brother. In between she had filed numbers of fake case to me like dowry, domestic violence, 125 etc. During 5 years plenty of times we have tried to settle the matter in front of family members & relatives but she is demand lots of money which is not possible. In view of above I have filed divorce case at Maharashtra in July 2017.
My question is kindly guiding me any rule or provision of transfer the divorce case from Maharashtra to Madhya Pradesh?
If any rule or provision then kindly guide me to some ways for stopping such type of activity?
Guest
(Expert) 02 October 2017
For transfer of your case, only your lawyer can help you by making some purposeful application to the Supreme Court, as the case is desired to be transferred to another state.
Guest
(Expert) 02 October 2017
Agree with Senior Advocate/Senior Expert Mr PS Dhingra
Shiv Gawale
(Querist) 06 November 2017
Sir,
Kindly review above communication, I have filed divorce case at Maharashtra in July 2017. In this connection my wife has filed request to Supreme Court for the transfer of divorce case from Maharashtra to Bhopal (Madhay Pradesh). In this regards she has gotten stay from Supreme Court and the matter has been pending at Supreme Court.
My query is can I go to Supreme Court for stopping process of transfer ?
Or Can I withdraw the divorce petition and after some days filed again divorce petition ?
What would I do ? kindly guide me or any another solution please mention ?
