Divorce related query

Vishal jain (Querist) 07 March 2015 This query is : Resolved
Brief..
girl stays with husband for only 7 days.
she went her home and did not come back.
Now her father is saying the girl is not willing to go back. and so she need divorce.

several attempts made by the boy to make her come back, but all in vain.

Query..
1. what is the procedure to return her stridhan back, so that after taking her stridhan she won't be able to claim again.

2. can divorce be filed court by mutual constent, as the sepration time is between couple is only one month.

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Advocate M.Bhadra (Expert) 07 March 2015
1.Lodge a complaint to the Police, if they would not able to recover then file a case u/sec.498a,406 IPC in judicial Magistrate Court.

2.To file a divorce suit on mutual consent or on contest leaving one year is mandatory from the date of separation.

ajay sethi (Expert) 07 March 2015
prepare list of her streedhan . obtain signature of wife in presence of 2 witnesses

ajay sethi (Expert) 07 March 2015
for divorce by mutual consent you have to apply after one year of marriage. you have to stay separate for period of 1 year for divorce by mutual consent .

Nadeem Qureshi (Expert) 07 March 2015
Dear Querist
My opinion on your queries are as under:

1. what is the procedure to return her stridhan back, so that after taking her stridhan she won't be able to claim again.
Opinion: Execute a Settlement/Compromise deed with her and do the same as per terms and condition of the deed.

2. can divorce be filed court by mutual consent, as the separation time is between couple is only one month.
Opinion: One year separation is mandatory as per section 13B of Hindu Marriage Act but if there is any hardship exception then the court have power to allow the MCD u/s 14 of Hindu Marriage Act-1955

SO when the MCD will be filed then one application u/s 14 of HMA should also be filed with the explanation that How is this case come under the hardship exception.

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Devajyoti Barman (Expert) 07 March 2015
1. You can send her articles to her physically and get a written acknowledgement form her. However she can claim other articles in future and to safeguard this option you have get from her a written satisfaction letter.

2. On 1 month of separation MCD is not possible. Minimum 1 year time is necessary.