Time to get mutual consent divorce
sravankumar
(Querist) 07 December 2012
This query is : Resolved
sir
i doing job in chhattiagrh and my marriage was done on 4 feb,2012. from date Sep 20,2012 my wife living separately.
in a single day never asked for dowry. i am not beaten,abused , cruel intention to her.
suddenly she changed her mind
On date 14.11.2012 my wife side members approached village PANCHAYT for quick settlement. PANCHAYT was held on that day she told her main problems are
1. she was not interested live together in different state ( chhattisgarh) actal my own state was AP.
2. not interested to leave her job.
on that basis i want divorce.
but i am told / stated that i want my wife and interested to live together.
finally panchayat elder think that girl was not willing to live with boy.Then they decided that both are go for mutual consent divorce.on that day i have no timing to oppose their decision. and alimony for girl was also decided.
one of my family relative lawyer told that on that day both can get the mutual consent divorce within 3 months after filling petion in district court from date of the petion. but till now both are not file any petion in the court.if file the petion
sir here my doubts are
1. is true in may case court can dissolve marriage within 3 months after filing for mutual consent divorce.
2. as per act 1 yr separation mandatory. but one year was not complete,is court is consider my case ?
3. also court gives 6 moths cooling period for both couples issue of final decree. in this case court may give 6 months time or not ?
4. is court can conduct the hearings and counselling for both parties ?
5. is there any other solution for this case ?
6. if i oppose to give mutual consent divorce , is there any chance of they file criminal or civil cases on me ? they never mention any cruel or abuse things any time.
here she told that has no problem if i resign job or transfer my job and settle in Andhrapradesh.but resign or transfer of my job not done Quickly because i am working in big PSU.
the opposite party want quick settlement
but till now i want my wife back.
Nadeem Qureshi
(Expert) 07 December 2012
Dear Querist
answer of your query's point no. 1-5 is yes, there is no other solution, yes if she think or comes under her relatives and family members pressure she can filed criminal cases against you and your family.
Feel Free to Call
V R SHROFF
(Expert) 07 December 2012
File MCD;
it will take time prescribed, so u hv to wait
the opposite party want quick settlement, and that is not legal: no 3 months:
Raj Kumar Makkad
(Expert) 07 December 2012
1. No. The time is minimum 6 months.
2. One year after marriage, such petition can be filed but not before that.
3. Yes.
4. yes.
5. Try to reconcile or if not become successful obtain MCD.
6. The possibilities cannot be ruled out.
K.K.Ganguly
(Expert) 07 December 2012
1. No. It will take minimum 6 months after filing the MCD unless it is treated by the Court to be an exceptional case which it is not,
2. The MCD can be filed after 1 year,
3. Yes, after 6 months the Court will ask both the parties whether they still want Divorce or not,
4. Court will ask both the parties since it is MCD petition not a contested Divorce,
5. No,
6. Since she has already stated that she won't go for Divorce if you take a transfer to AP, collect evidence of her this statement & use as your defense in case she files a criminal case against you.
