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Heartbroken (T)     26 February 2012

Marriage broke my heart

Hello everybody,

This is my first post.I got married on 25th January,2010.The marriage was happy at the begining but soon matters worsened.She started to behave strangely and demanded divorce now and then just like kids want candy.I tried to talk to her and told that marriage is not child's play.I still could not figure out why she did this to me! Often she told she could not live in my house as our living condition is not at par with her parents'.She started  making false allegations like she was not getting enough to eat!!Trust me I never understood her complaints.My mother was the only other person living in the house and she suspected her.On 14th April, 2010 she left me and living separtely since then.Afterwards, a series of false but grave allegations to ruin my social status envisaged by my in-laws.I tried to convince her what she is doing will harm none but us.But all in vain.

She demanded she couldn't live with me if my mother continued to live in that house.This left my mother traumatized as she loved her like her own daughter whom she never had.She could not recovered from this shock and she died just a few days ago.I am all alone now.

My in-laws insulted me,pressurized me to live my life on their terms and threatened me of dire consequences as the law was on her side.I kept my calm and told them such an attitude towards law and life  can only break a relationship.

I retried to convince her and waited.I was hoping against hope that one day she would realize her mistake.

In September,2011 my in-laws phoned me if I was  willing to give her mutual divorce.By then, I understood that the marriage became dead and there's no hope of reconciliation so I said ok and told me to send me the papers for signature.But they filed a divorce case against me on 11th November,2011 with cruelty as the ground! I failed to understand why they did this?I never said I won't give the consent.All the allegations are false and baseless.There was no claim for alimony.

After receiving the summons on 22th November,2011 I contacted a lawyer and told him that I,too want divorce.He contacted the opponent lawyer who is a family friend of my wife and told him to withdraw the case and file a mutual divorce rather.To this they consented at first but declined on second thought.On 19th January,2012, the first day of hearing  my lawyer filed a petition that all the allegations were false yet as the marriage became dead I had no objection for divorce.Interestingly,in the morning of the hearing the opponent lawyer told that they had no objections if the divorce case is converted to mutual divorce.To this my lawyer also made a joint petition and after taking my signature handed it to the opponent lawyer for my wife's signature.They seem to be highly inconsistent.

At present I have the following questions:

  1. Suppose, she signs the joint petition how long will it take for the divorce?I heard it takes minimum 6 months for a mutual divorce.I mentioned the key dates from which date the 6 months be counted?
  2. In case she doesn't sign the petition, how long will it take for the litigation to resolve?She didn't ask for alimonony or maintenance and she is working.I didn't object to divorce I only declined the false allegations.
  3. What may happen on the second hearing which is on 30th March,2012?My lawyer told they may accept my offer for divorce and don't continue the case.Is it possible?

Thanks in advance.

Heartbroken

 



Learning

 5 Replies

Shantanu Wavhal (Worker)     26 February 2012

 

  1. Suppose, she signs the joint petition how long will it take for the divorce?I heard it takes minimum 6 months for a mutual divorce.I mentioned the key dates from which date the 6 months be counted?

6 months = from the date of filing joint petition for MCD.

 

  1. In case she doesn't sign the petition, how long will it take for the litigation to resolve?She didn't ask for alimonony or maintenance and she is working.I didn't object to divorce I only declined the false allegations.

forget about false allegations. All her previous allegations are nullified when u convert her petition for divorce on the basis of cruelty to MCD. If u contest her petition, it will take 4, 5, 6, 7, 8 ... no of years. U r lucky that u r getting out of her wicked claws with the help of MCD.

 

  1. What may happen on the second hearing which is on 30th March,2012?My lawyer told they may accept my offer for divorce and don't continue the case.Is it possible?

Yes.

 

Get rid of such errant wife. U r lucky that u have no kids. Getting rid of a threatening wife without 498a + DV is a matter of LUCK & u r LUCKY. Dont get disappointed. In fact u r fortunate !!

Shantanu Wavhal (Worker)     26 February 2012



Aishwarya (Teacher)     26 February 2012

as for the legal advices , go as mentioned by vijay sir...

MCD takes 6 months period in all..Its apt for u to think about getting ur life back together having gone through all tht .Try and lead a good life from now and dont dwell about the past so much..
 

Heartbroken (T)     26 February 2012

@Vijay,

As I mentioned I already gave the joint petition on 19th January,2012 but she has not signed the joint petition till date.She was not present in the court that day.She is doing her service far from here and her lawyer told that he may gave the petition signed on the next hearing.He did not look much ineterested though.As they seem highly inconsistent I am apprehensive that she may not sign the petition.In that case do you say it may take 5,6,7... years even if I stated no objection for divorce on the first hearing?

 


 

Heartbroken (T)     26 February 2012

Thank you for your encouraging words.


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