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Arjun Kohli   01 July 2017

Contested Divorce generally takes longer than Mutual Consent Divorce for obvious reasons. In the latter, there is an existing agreement between the spouses and they file the petition. However, since you (naturally) find these demands oppressive and just could be means to ensure you don't go ahead on the divorce part.

However, there are other ways to go for a Divorce decree if you don't want to go for a Mutual Consent Divorce by following her demands. Clearly, there is a case of Irretrievable Breakdown of Marriage, which you could file and contest. Then there is the issue of non-consummation of marriage for such a long period which is obviously a form of Mental and Physical cruelty for you, on the basis of which you could file a Divorce.

The only thing is that, the present situation indicates that she might end up using all the demands she mentioned, in her defense in the case and try to influence the court. You just have to stand your ground, by building a strong foundation based on solid proof and a well made out case with the assistance of a capable legal counsel.

As to the question of Alimony, there are mainly 3 grounds considered:

Circumstances of the Husband (Means to Maintain)

Nature of Relationship (Wilful neglect/ refusal abstinence from Maintaining the wife)

Circumstances of the Wife, which includes rightful claim over sums involved in marriage.

Through a proper made out case, you should be able to rule out any Alimony, however the Court follows its own path and nothing can be commented on it as such. It may also direct you to fulfil some or the other demand of her as a rightful claim, but again all depends on how well the case is built on your end.

As to the time period, there is always scope for appeals, and second appeals and what not. So it will definitely take time. 

You could always try to reach a settlement on your own with persuasion and head for Mutual Consent Divorce, which is commonly known as the fastest mode of divorce.

Sachin (N.A)     01 July 2017

Her demands are right, you should agree and go for MCD.

Contested divorce will take a decade to decide.

Kumar Doab (FIN)     01 July 2017

She is reasonable in her demands.

Liberate from such relationship thru MCD, preferably.

Non Consummation of marriage is valid ground but it can take long time.

Kumar Doab (FIN)     01 July 2017

If these are the only demands and both of you finally agre and have decided to separate then engage  a very able local senior counsel of unshakable repute and integrity specializing in Family matters sign the agreement and submit.


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