Mutuual consent divorce
Parth Sarathi
(Querist) 09 December 2013
This query is : Resolved
Mutual consent divorce was arrived at a particular amount; the 6 month cooling period is due in next 20 days however there is a change in circumstances -
1> the girl has supposedly got married to someone, obviously in a closed environment
2> and has got a job and earns a handsome salary
Note: No Alimony was paid; it was decided to appear in court after cool off period and if the decision remains to separate then money would be deposited in court treasury and court would proceed to pass decree.
My understanding says Alimony is not required to be paid if she is settled in her life.
Questions -
1> I need time to gather witness regarding her secret marriage, how can I delay the court date?
2> Can I make the company as a witness and court have them sent summons to appear and confirm that she is working with them ?
3> Can I sue the boy who has got her married, obviously after finding out who he is
V R SHROFF
(Expert) 09 December 2013
Ans: Do not go to court for 6-8 months [IInd Motion]
Ans B:Apply Court after 6-8 months, in case u fail to get proof of salary
Ans C: After getting strict proof, lodge FIR c Police.
Parth Sarathi
(Querist) 09 December 2013
I got to know about interlocutory mandatory affidavit to be filed and court would ask Police to investigate and a copy of this be submitted on the day of appearance in Family court and basis they would delay the proceedings
Raj Kumar Makkad
(Expert) 09 December 2013
What ever you have heard, is not correct. There is no such procedure.
Guest
(Expert) 09 December 2013
It is only an advise on humanitarian grounds and not related to law procedures.Talk to her personally and you could say the decided amount would not be paid or agree for any part amount as per your wish.Try to complete the divorce procedures since you both have already mutually agreed, and do not be breaking your head on what is she doing now.This would bring peace for both of you to go in their own ways and would avoid further court affairs
Dr J C Vashista
(Expert) 10 December 2013
I endorse the expert advise of Mr. Narasmha.
Relax and get rid of her, donot worry what she is doing and what should have done, since both of you have mutually agreed to part ways.
Besides this, search for some good betterhalf.
Best wishes
Biswanath Roy
(Expert) 10 December 2013
When you have already entered in the shoes of mutual divorce it is unnecessary to linger the case on some other dimension to bear the unnecessary costs of time and money. Better you obtain a divorce order from the court and remarry again.
Rajendra K Goyal
(Expert) 10 December 2013
You have agreed for MCD, let the procedure be completed. Any of your step would drag you in further litigation for some years and life would delay in settlement.
Completion of process is recommended in the given circumstances.
However, if you want to proceed otherwise Expert V R SHROFF has advised rightly.
T. Kalaiselvan, Advocate 
(Expert) 11 December 2013
I endorse the views of all the experts above. Better get rid of her by throwing away the committed amount or else you will still keep dragging the issue for good for nothing purpose.
