Pulak Pravat
04 June 2013 at 14:29
Our marriage (15 years now) is broken for “coldness” in marraige and conjugal relation. For last 6 years, we are living in the same house, but in separate rooms and for last two and half years we don't have any conjugal relation. We are living in the same house to raise the KID who will appear in Xth exam in 2014. By now, I have lost all my emotional attachments with her now want a mutual divorce on mutual consent. After a long argumet, now she agrees to that, but ask me to wait for another year until our daugher appears the Exam.
I think, it is good for the Kid and accepting that, but I do't have enough faith that she will not change her mind after a year. She thinks it is a great risk living together while the divorce procedure is progressing, as if any unfortunate event (say death or a major accident) happens, the survivor may be blamed and harrashed by the relatives of the other and in that case, our dauthter could be raised in a shelter Home ! I don't agree, but I could not convience her. I am willing to wait for another year, but I don't have enough faith that, she will not change her mind then, and file a divorce case from her side. That would take too long and she may even decline the the fact (that we don't have any relation).
At this stage (while we are living in the same house), I want to get her signed on a agreement saying that a) we don't have conjugal relation and b) we agree to go for mutual divorce after a year.
My questions are
1) Does this agreement have any legal binding in the court of law ?
2) Should I go for a judicial separation now (as my priority is to live in the same house for another year)?3) How long does it (judicial separation) take, usually ? Does it automatically lead to divorce after a year ? Can she file a divorce case, during separation ?
4) Any of you have any better suggestion ?
5) Can you tell me about a good, efficient, and honest lawyer in kolkata ?
Please help. I increasingly feel lonely, unsatisfied, unloved, and empty. I fear, a divorce case is almost never ending. I don't want to harm anybody or don't want to do anything unethical. But at the same time I have the right to live. Please help. One mistake, of course, is not the end of life and I want to give life another chance.
c. shah...
04 June 2013 at 08:47
A husband doesn't want divorce after making agreement/MoU on stamp paper of mutual consent divorce settlement and entering petition in a family court for MCD-13B. He is thinking for withdraw the petition of MCD-13B. Can Wife or husband's in-laws allege husband for breaking agreement of mutual consent divorce settlement after he withdraw the petition of MCD-13B? what are the laws for breaking divorce agreement on stamp paper?
Kiran
04 June 2013 at 08:45
After how many days of separation from husband, a wife can apply DVC. If she already applied filed 498A and after that applied for RCR also.
In the case she filed 498A after husband applied for Divorce. She filed RCR after separation of 17 Months. She also filed DVC after separation of 2 years. When the 498A case was running.
Please suggest the validity of DVC in this situation.
Urvashi
03 June 2013 at 21:19
My name is Urvashi Tejsingh on my present passport, after marriage my name has changed to Urvashi Verma. What is the procedure for my new passport. My husband has already added my name Urvashi Verma in his new passport.Pls help me.
i have also consulted an agent he says i need to publish an add in the newspaper for my change name pls advice.thanks
Member (Account Deleted)
03 June 2013 at 17:02
I have a child custody case , which is running 1.2 month.
After 10 month judge given visitation right to my wife home ,
After going there 2 week , i was beaten heavily ,all GD,Medical report
submitted to court and asked for visitation in the court premises
2 consecutive date have passed, my lawyer and opponent lawyer are
fighting to prove and disprove that i was actually beaten or not.
My child visitation right is pending..date after date.Last Saturday was date of hearing ,court was pospond.We get next date after a long time.
Is there any law, way out , lawyer,high court, supreme court movement that i can meet my so early ...i am ready to go any extend ....please please help ...
Ayan Banerjee:9748633395
Member (Account Deleted)
03 June 2013 at 17:01
Q) my wife has filed domestic voilence case in punjab 2yrs back in cjm court the judge is lady and she favours my wife. Even in deciding interim relief she did not consider my liabilities. Can i shift this dv case to higher court i.e session court? If yes what is the procedure
Sanjiv Malhotra
03 June 2013 at 15:53
My wife through inheritance from her late mother is heir/owner to 16.66 % of the suit flat. ( her mother was 50% owner and died intestate, leaving her 50 % equally divided between her surviving husband, son and daughter ( my wife). My father in law has through a gift deed gifted his 66.66 % share to his daughter. The father and son are not on talking terms since the last 2 years. The FIL stays with us i.e : his daughter and me ( son-in-law). The son occupies the fathers flat as he also holds 16.66% share by virtue of his mothers share. What can be done legally to seek partition,recovery, sale etc whatever ? kindly advise under relevant sections... thank you very much
Sanjiv Malhotra
03 June 2013 at 15:10
Dear Sir / Madam,
I would like to ask a point of law...
My father in law Mr X who is 81 yrs old is living with us, i.e his daughter and myself (son-in law). My wife, Daughter to Mr X is a housewife and has no means of income. Mr Y the son was very indifferent, uncareing and neglected his father that led to him to come to stay with us in an adjacent flat to ours on rent. My father in law Mr X has used up his savings for his upkeep, rent, attendants, hospital bills, medications, food, etc etc. Can't a suit be filed against the unbothered son who is an established doctor, for maintainance ? can't past maintainance also be recovered ? my father in laws monthly expenses are nearly Rs 50,000/-. The son is staying in his fathers flat as my father in laws wife died intestate and thus of the 50 % share she held in the flat was divided equally amongst the 3 surviving family members, namely the father, son and daughter. The callous and uncareing attitude made my father in law leave his home as he was petrified as to what his son and daughter in law might do to him. The son resides comfortably in his fathers house although he has his own flat which he has given on rent ! while his father has to stay on rent !! is there any recourse under section 125 (1) d... is there any other recourse, my wife also holds 16.66 % of her mothers share and her father has executed a registered and stamp duty paid gift deed of his 66.66 % in his daughters favour makeing her 84 % owner of the said flat... can justice be done ? i thank you for your advise in this regard...
mohammed hamsa
03 June 2013 at 13:38
i am a muslim man and have been married under muslim sharia law 15 years before. we had a son in the first year & lived together for four years.We have been living separate since then and all efforst of reconcilition has not worked between me and her.My son lives with her since then.
3 years before she filed for divorce in the family court , demanding a hefty sum as alimony as well as custody of our son. No reconciliation has worked since then and the case is dragging in the court even today.
I have meanwhile met a girl with whom i want to start a new life, marry her & have a fmialy and have tried my best to settle the case at the earliest. My ex wife looks adamant to continue the case till our kid become 18 years, to avoid settling the custody case.
I want to start my life and want to know if there is a way i can remarry. She is a hundu and is it possible for us to marry under sharia law, with her not changing her religion and me without getting the divorce certificate.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Separation of 1 yr, to apply for mcd ?
Residential separation of one year(separate address for both) is required to apply for mutual divorce(MCD) ?
We are staying in separate rooms (same house) for 6 years and we don't have conjugal relation for about three years.
I intend to stay until May 2014 (my daughters class X exam).
Can I go for MCD now (which will reduce the required time) ?
Thank you.