Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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want divorce but girl is not supporting

(Querist) 17 November 2015 This query is : Resolved 
I want to divorce from my wife as its been 2 years now to marriage at arya samaj mandir. She never came to my home nor disclosed about she doesn't want to live and want to be separate but on the other hand she is not supporting at all for divorce. She is not picking up my call and not replying to my message..what to do...I want that we both legally get divorced so that can live new life peacefully. Though our marriage was not registered at court or municiple
Sreedhar Valiveti (Expert) 18 November 2015
Mr.Ravi, please note that even though your marriage got performed at Arya Samaj Mandir, whether you have issued certificate of marriage from them or not? If not obtain at least now from them.
2nd thing is you approach one local pleader and issue divorce notice to her and basing on that you file divorce petition before family court. If she doesn't appear before family court they will make her exparte and you will be granted with divorce. As you said she is not responding this is the best way.
Rajendra K Goyal (Expert) 18 November 2015
Divorce is necessary in your case to marry elsewhere. Try for mutual consent divorce. Talk to her parents for helping in completing this legal requirement.
Sreedhar Valiveti (Expert) 18 November 2015
Mr.Rajendra, Ravi is saying that she is not responding and her parents are not having any awareness about her marriage. 2nd thing is rather than divorce on mutual consent will take much longer time instead of exparte divorce.
Guest (Expert) 18 November 2015
Mutual Consent Divorce would be the Best option and Good for both to avoid future Confusions.Normally the MCD would be completed in 6 months time.Better to talk to her parents openly about what had happened and come to the Right Conclusion.Even in ExParte degrees the Notices and Summons would be served and her Parents would be upset because of it since it would be a shock to them.Even the Court Could Insist for News Paper Publications for Ex Parte Degree which might add additional embarassments to Girl's Parents.
Ravi sharma (Querist) 18 November 2015
Sir, we have git arya temple marriage certificate at the the time of marriage. And its been 4 years now. Just talked to her today through message for divorce. Again she replied same that will not do anything to support me. Moreover she told me that she has already disclosed to their parents about her marriage two months ago. But I don't believe her because my thinking and upbringing says that no parents speacially of a girl, will sit idle and will not take any action after knowing all this. Am I guessing wrong? And if her parents have really come to know the truth, then what next? I have never felt so helpless in my life that too just because of our indian law who support a woman blindly.
K.S.Srinivas (Expert) 18 November 2015
Convince her for Mutual Consent Divorce, which is the better option.

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