Divorce proceedings
Santosh Nair
(Querist) 10 January 2012
This query is : Resolved
Hi
My brother got married in Oct'2009. His wife family is settled in Chennai. For some reason the girl is not interested to go ahead with the relation. Since last Feb'11 she is staying with her parents in Chennai and never taken effort to return or call and same action from her family.
Both are willing to amicably file a divorce case. I want to know which way we can get the divorce in shortest period of time. Is it possible to get divorce without his wife coming to Mumbai. Marriage was registered with Kalyan Municiple ward.
We want to file for damages and mental harassment caused to my brother and family, since the girl has failed to save the relation due to her selfish attitude.
Pls advice which way we should move.
Thanks
Deepak Nair
(Expert) 10 January 2012
You can file a petition for Divorce by mutual consent. That is the best and eaziest way.
presence of the wife is mandatory without which a mutual consent divorce cannot be filed.
Since both parties are willing for divorce amicably, then there is no need of damages and mental harassment. That will create unnecessary issues and may backfire.
If the girl's side wishes, they can file a number of cases against your brother and your family including you under various laws which are favourable to women.
Thus gat an amicable divorce and forget the issue and go ahead with your life.
ajay sethi
(Expert) 10 January 2012
dont be a fool . if girl is agreeing to divorce by mutual consent grab it . if you file case for damages you will spend 20 years in court at least in mumbai .
the lady will file case under 498 A , DV act etc to harass your brother . she will refuse divorce .
V R SHROFF
(Expert) 10 January 2012
VERY WELL ADVISED BY SHRI AJAY SETHI.
It Is True.
Grab The Golden Opportunity, or it will cost LAKHS, and Many Yaers.
ladies CHANGES THEIR MIND VERY FAST, GET DRIVEN AWAY BY OTHERS VERY FAST, AND ONCE SHE START SOMETHING, U WILL HAD IT.
Before she change, get it.
Advocate M.Bhadra
(Expert) 10 January 2012
It is better for your brother to file a divorce suit on mutual consent,your brother should not file any case for damages and harassment by which he will return in empty hands.
Devajyoti Barman
(Expert) 10 January 2012
By way of mutual divorce, the divorce could easily be done trough court of law.
However on second motion i.e on the date of final hearing both the parties need to be physically present else the case would be postponed.
Arun Kumar Bhagat
(Expert) 10 January 2012
BY letter and spirit follow the advice of Mr.Deepak Nair.
Raj Kumar Makkad
(Expert) 11 January 2012
Much has already been advised and there is lesser scope for me to intervene.
Santosh Nair
(Querist) 11 January 2012
Thank you everyone for your valuable advice.
Santosh Nair
(Querist) 11 January 2012
Thank you everyone for your valuable advice.
Shonee Kapoor
(Expert) 12 January 2012
You are always welcome.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
