Divorce..
shivender singh
(Querist) 20 May 2012
This query is : Resolved
I was married to my wife in jun 2003 since then we have been living together as husband and wife. though there were no major problems between us but i was not happy with the marriage. in nov 2009 i had to go abroad and was away from my wife for nearly 01 year. she was staying with her parents for complete 01 year. after coming back though we did not stay together she started behaving very badly with me. after coming back in OCT 2010, she wanted to adopt a child, for which she was not agreeing earlier. i did not say anything and my in laws found a child and was adopted(not through complete legal process). all the fake birth certificates were made by my father-in-law. saying that we dont want ot show as adopted because of social reasons etc. i thought maybe after having a child she will behave normally but she continued to have fights with me. in july 2011, she came to stay with me for 01 month, and continously harassed me. on seeing this i took her to her parents house and told her father that i cannot stay with her and i want a divorce. my father-in-law did not say anything and said thateverything will be all right. she stayed with her parents and contiously harassed me. hence in dec 2011 i filed a divorce caase against her. she did not attend any hearing. and in mar 2012, filed a petition in supreme court for transfer of case to her city since it was an inter state matter. the hearing is on 02 july 2012 in the supreme court. after having further talks with her she has agreed for a mutual divorce saying that whatever has to be done it should be done in her city court only. even she wants an early settlement, because of the money she will get.The queries that i have are:-
1. should we file for a mutual divorce petiton in her city court? but then it will take 06 months for final divorce.
2. if i get the case transfered to her city and against the case if she agrees for a divorce, then will it help in getting early divorce?
3. is there any other way which will get us an early divorce?
thanks for reading patiently. hope to get the experts advise as soon as possible.
M/s. Y-not legal services
(Expert) 21 May 2012
since she is lady court will consider about her convenience. so case may be transferred to her city.,
if she ready for mutual divorce mean there is no much more hearings., just two hearings., its may be disposed.
then about the waiving period of 6 months its mandatory., even i think few days back there is a supreme court judgement that 6 months waiving period not necessary for mutual divorces. no more possibilities for speedy disposals.
but am not sure about that judgement., even though i will try to find/confirm it..
if i got it mean i will back here with that judgement.
-tom-
adv. rajeev ( rajoo )
(Expert) 21 May 2012
As per the recent amended act 6 months waiting period is not necessary when it is mutual divorce petition.
Shonee Kapoor
(Expert) 22 May 2012
I differ, the new amendments are not yet law, they are proposed amendments.
You better file in city which is conv for both of you. It may well be her city. Don't hold it up for such small matter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 January 2013
R U DIVORCED NOW??
UR BANGLADESHI AFFAIRS ARE KNOWN TO HER??
shivender singh
(Querist) 23 January 2013
yes sir i am divorced now.and yes she knew about the affair.but the reason for divorce was not affair but other problems by her and her family.and hopefully now i will be able to re marry.i might be posing few more questions as and when i face any more issues.thanks for your help.
