Ronjit Biswas (N/A) 21 May 2015

Issue with divorce

Hello everyone,

I'm new here and I'm restlessly looking for some guidance. My wife and I have been separated for over an year and half now and we had applied for a mutual divorce. The date of hearing would be in the first week of coming August. Now, in this time of separation, she informed me that she had concieved and is expecting to deliver her child (not from me) in Nov. For this reason she would not be able to attend the court date and she was leaving to stay with her parents in another state. Further she was unsure about when she will be able to come back, leaving me in doldrums. I don't know what is the best way to handle this situation. Can anyone please suggest if any of the following is possible or if there are any better ways:

1. Can I call a commission and take the lawyers and judges to the state that she is in now and have the mutual divorce done on the coming August date without delaying further?

2. Since she has become pregnant with someone else's child, can I appeal to get the marriage nullified? Is it possible in this case when she had conceived while we were separated? If yes, what is the procedure for such a case?

3. I know that I can go for an ex-parte order where she will recieve the notices but not appear in court for some time. But how long does that take? And can she come back later on to challenge the ex-parte order?

Are there any other alternatives I can avail to get a smooth divorce as soon as possible. Please help...

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4 Replies

A.P.Loganathan (advocate Madras High Court) 21 May 2015

dear brother

your situation is really horrible

when she will be able to come to the court for the MCD is millian dollar question

file a petition in the court for the divorce under the ground of adultery. she will not be appearing in the court fearing for reputation and self respect. then you will get the ex party order withth 6 months. she will not reopen exparty to expose her own dirgy game and that ex party order will enable her to settle down with that new man or husband to whom she got a child

Adv A.P.Loganathan, Madras High Court

VINEET (SALES PERSON) 21 May 2015

MAIL ME YOUR DETAILS AT

vineetk10@hotmail.com

and your problem i will surely help you

FREDYCHARLES RK - Bangalore (Advocate) 21 May 2015

If in bangalore, can help . However, in all probability and possibility she may not divulge the legitimacy of child with her parents, She may project you as the victimiser of her state and the child ofcourse assuming your statement is correct in the first place and that no cohabitation/comsummation dare happened in 1-1.5 years. In my opinion MCD will be best for you but you have options with risk.

saravanan s (legal advisor) 21 May 2015

try to record her statement that its not your child and she got concieved during the separation period.you can use this statement as a proof when you file contested divorce on grounds of adultery.eventhough you both have petitioned for mcd till you both get a decree of divorce you both are deemed to be husband and wife.so whatever she did amounts to adultery.if you can prove this ground in court you are not entitled to give maintenance to her.

1. no

2.only if she is pregnant at the time of marriage by someone else other than the spouse and you were not aware of it at the time of marriage then only the marriage is declared to be void

3.there is no exparte order in mcd