(Querist) 09 July 2015
This query is : Resolved
Hi..We had married before 3 years love cum arrange, our marriage not registered.
After 1.5 years of married life, many times she has fight with me and tried to pull matter up to sepration. One day without telling anything she went to her Father home and then from their told she will not come back. Even if we tried to make her and her family to understand but they said we want divorse only. Because of her and her family pressure, i have to take mutual consent divorse before 1 year by making Sepration Document which was on Rs.100 Stamp paper and notarised. We have given all their things, gold, money etc.return back. Everything is metioned in Divorse Agreement that it is mutually sepration and everything of her given back, waivr of Maintenance money right , no claim to each other, both can remarry, etc. and on that her and her father and mine and my father sign was there.We thought that Divorse Procedure over as marriage was not registered.
But after 1 year of divorse when i am planning for remarriage, we came to know about Decree to be obtain.
When we approach them , they are asking adhoc heavy amount of money to sign Mutual Divorse for Decree.
I dont want to delay remarriage.Now what should i do ?
1) Should i give them sum money to sign mutual divorse ? or
2) Should i remarriage without applying for Divorse as Notarised Divorse Agreement is there with me of before 1 year.
3) Should I file Petition for Divorse in Court ? If i file, whether curt can order for maintenance money to her and how much it can be ? she is also working and earning around Rs.12000 p.m. (she has done MBA and worked earlier also ) , I am earning Rs. 50,000 p.m. In approx how much time i can get Decree ? If i file , against that what they can file against me ?
Divorse happens because she wants , why should i pay anything after 1 year again. ?
(Expert) 09 July 2015
Firstly you did a big mistake by not approaching a lawyer and taking advice before getting divorced by an agreement. Such a divorce has no value. 1)you can give them a reasonable amount if they agree for MCD. 2)You can be liable for offence of Bigamy under Indian Penal Code if you marry before taking divorce lawfully from the court. 3)First see if they get ready for MCD on reasonable amount of maintenance. From facts stated by you, the court may award proportionate maintenance to your wife if you file divorce petition.