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Mukund (IMA)     23 May 2012

Contested divorce in hindu marriage act

As per the Hindu Marriage Act a woman can file for divorce whenever she wants whereas its impossible for a man to file a divorce and a contested divorce takes too long time.

How is it possible for a Indian man who married as per Hindu Marriage Act to get divorced from his wife when the wife is against it and there are no kids involved ? I don't have any own property so sharing 50% is not an issue also my bank balance is zero as i transfer my salary to my younger brothers account whom i can trust and rely more than my wife.



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 7 Replies

cyberlawyer (barrister)     23 May 2012

Though you may have valid reasons for divorcing your wife, may i know for what reason you would like to do so ?.

Rajiv (Senior)     26 May 2012

 

I filled for MCD but now the girl is not ready to come to court for counsilation, couple of dates are gone. I met her and now it seems she is not ready to give me divorce.

I am planning to withdrwa from my MCD case and to file a new CONTESTED DIVORCE case based on the reason as cuality, thats the only window open for me.

For CONTESTED DIVORCE filling what all evidence are required and approx how many years normally it take a get a divorce.

During that time can the girl can file any other case against me? 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 May 2012

MR.Mukand,

You have to file contested divorce. For that you have consult any locall lawyer who will provide you better guidence after going though your complete details and proofs you have.

 

Mr.Rajiv,

There are few judgements which provides that If the girl sign the compromise deed and then file MCD then court may grant one sided divorce also. So first go and try to get divorce on the bases of these judgments.

Good Luck.

Pooja_____ (HR)     26 May 2012

In a famous case, Hon'ble Supreme court has ordered that consent is mandatory in MCD. There is no ex-parte in MCD.

Smruti Pahariya vs Sanjay Pahariya on 11 May, 2009

https://www.indiankanoon.org/doc/737641/

Madhu ojha (Orthopedic surgeon)     27 May 2012

can i know what is MCD ? I have filed divorce petition against my wife We are separated since six yrs + She refuses divorce Apart from Divorce i have filed a complaint for defamation under sec 499 and 500 She has filed a case under sec 125 of Cr PC and she has filed two cases for Domestic violence against me. She also went to HC of Gujarat 3 yrs after my complaint of defamation under sec 482 to quash my complaint. That quashing petition has been discharged by the Hon'ble Hight court I have filed divorce case on the grounds of cruelty and my wife defaming me by false allegations Pl guide in this situation Thank U Dr Oza

Rajiv (Senior)     14 July 2012

 

 

Last month i went to court  for counseling and she also came. The counselor asked to both of us related divorce and infront of the counselor she denied and told that she wants to continue the marriage, so counselor asked why you filled the MSD and the reason you have mentioned on the MSD, she told that my mind was not stable at that time and due to some ego factor i filled the MSD but right now i don't want divorce. After listing the point the counselor said then this case will be dismissed and i clearly told that it's better to dismiss but don't know what happen and the counselor again gave a new date after 3 months.

 

Infront of the counselor she denied every thing and tried to save her face by saying that she was mental at that time and also not aware of what all things written on the MSD paper and she just signed and also told that i forced her to file the divorce, this is just a stupid thing that nomally the peoples do if they want to backoff and to save their face. I defended and told to the counselor if she not aware of the MSD points written and she was mental then how she is working … a mental person can't work in an IT field, i told to the counselor that her parents also aware of the MSD and infront of them only we both filled the MSD so the counselor asked to call their parents.

  The counselor asked the same question to their parents what they want and bat the MSD case, but their parents also did the same crap thing, they kept silent didn't open their mouth bcd being silent is the best weapon for a human being.

 

I have decided not report in the court in the next date bcz this case not going to resolve anything anyway if i won't attent then it will be dismissed as per the counselor. But what's next for me..

 

Please help me and guide me what can i do, literally i lost all the hope not getting anything how to come out from this mess.

naives (Manager)     03 November 2014

do you mean MCD?


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