Divorce

Querist : Anonymous (Querist) 10 June 2020 This query is : Resolved
Hello,
One of my relative married under family pressure and is not willing to pursue further for various reasons. They never lived together, even for a day and do not have any physical relationship. Both are working in the same city. Boy is half willing to move forward for divorce but girl is determined to proceed for divorce. When the girl suggested for living in a house together, boy suggested he is not willing for that without physical relationship, with this kind of things, they both were stuck and wasting life.

Now the question is, is there any way that girl can get divorce without contesting for ling time in courts or any other way?
Even both family members are thought divorce will be the only option.

Any help in this matter will be helpful for both of them.

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Quick Summary

This discussion revolves around a couple seeking a divorce after being married for over a year, but without having lived together. While mutual consent divorce is suggested as the quickest route, one party has sent a legal notice, complicating matters. The conversation highlights the dangers and potential complications of an ex parte divorce decree, where one party fails to appear in court, and advises seeking mutual consent to avoid prolonged legal battles.

PARDEEP KUMAR (Expert) 10 June 2020
Though the facts are incomplete but if they or should I say you are a Hindu, completed one year of marriage than can go for divorce with mutual consent under section 13 of the Hindu Marriage Act, 1955.

Deekshitulu.V.S.R (Expert) 10 June 2020
Let one of them file a petition for divorce and the other partner will remain exparte. then the decree of divorce will follow.

SHIRISH PAWAR, 7738990900 (Expert) 10 June 2020
Hello,

Both can file mutual consent divorce application in court. It may take around 6 months depending on facts of the case.

kavksatyanarayana (Expert) 10 June 2020
They can mutually file a divorce petition if one year is completed after marriage under Sec.13 of H.M.Act, 1955.

Querist : Anonymous (Querist) 11 June 2020
Boy already sent a lawyer notice by forming allegations that girl asked him to settle his family in the village and not returning to him. Notice also says that within 15 days if she does not reply then she, further has to face the consequences and has to bear the full costs involved (did not explained what costs).

Yes, they completed one year, mutual consent is not an option as boy already sent legal notice.
In these circumstances, if boy files for divorce and if the girl did not respond to the court summons, is it possible to issue divorce decree ex parte.

Please let me know, Thanks

Raj Kumar Makkad (Expert) 11 June 2020
Why are you posting the facts in piece-meal system instead of posting at one go?

Why the husband is adamant to make the things against him by sending such absurd notice to his wife? If both parties are ready for the mutual divorce, what is the hurdle to get it done? The time has gone when it was requiring 6 months to get the decree of divorce. Now mutual decree of divorce can be got got obtained within a period of 1 month even if the petition is wisely drafted.

Still it is advised to have counseling between the parties to that effect and move for the speedy permanent solution if both parties have finally decided to part ways for ever.

Querist : Anonymous (Querist) 12 June 2020
I am sorry. Even I am confused to put the facts. When other member's replies raised the queries then I realized about these missing facts.
What if the boy did not agree for mutual and file petition, can he get ex parte divorce.
Thanks

Raj Kumar Makkad (Expert) 12 June 2020
Ex-parte decree is always dangerous. It can be got set-aside by the other party soo better to settle the issues for ever this or that side.

Querist : Anonymous (Querist) 13 June 2020
Thank you very much. Why is it dangerous, is there any specific implications? I have no idea about these is the reason for asking this. If you can explain, that will be great.

Raj Kumar Makkad (Expert) 13 June 2020
Ex-parte decree can be got set-aside by the respondent by showing the sufficient reasons necessitating his absence in the court and if this happens then the petition shall again come to the stage at which the same stood ex-parte and a new set of litigation shall again started. It can also be used to twist the arms of the decree-holder for this or that reason. The decree-holder cannot relent even after getting such decree. Though a period of 30 days is provided in the law to move an application seeking setting aside of the ex-parte order but this 30 days is counted from the date of the knowledge of such order and here is flaw in practical interpretation of law.

So if such situation can be avoided, should be avoided and if can't then go ahead at own risk.

Rajendra K Goyal (Expert) 14 June 2020
They may proceed for Mutual consent divorce.

Husband should not have sent such notice.

Mutually they should agree and file Mutual consent divorce.

Why the Boy is not agreeing for MCD?

Any ego can spoil case / life / peace of mind, avoid such ego.

It is open to serious consequences, she may proceed with no. of cases against him, solution may take years.

Agree ex-parte decree is not a good proposal.

Querist : Anonymous (Querist) 16 June 2020
Thank you for the replies, I will advise accordingly and then it's up to her to make a decision. Thanks again.
I will come back if any updates takes place.

Rajendra K Goyal (Expert) 16 June 2020
You are welcome, may revert in case of any further question in the matter.

Raj Kumar Makkad (Expert) 16 June 2020
You are always welcome Mr. Author.

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