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manish (process associates)     19 February 2015

Divorce required

Hi All,

 

I am rishabh from delhi,

Recently i merried to a girl 4 days earlier and after 2 nd day of our merriage she said that merriage wad done forcefully with out her consent and she wants divorce by mutual consent and i after listining all her stories decided to give him divorce.

 

Is that possible that i can give him divorce and how much time it will take for the decree of divorce come forward .

please give me some advice and recomend me a lawyer who can do the same quickly



Learning

 10 Replies

saravanan s (legal advisor)     19 February 2015

mcd takes a year from the time you filed a petition.six months is the cooling period and the first motion on mcd is passed by the end of sixth month and second motion is passed by the end of a year from the date of filing petition thats when you will get divorce. but before applying for mcd you need to stay seperated for a year.

manish (process associates)     19 February 2015

It means there is no option through which i can give him divorce and we can start new life. ?

Adv. Chandrasekhar (Advocate)     20 February 2015

As it is forceful marriage, you should not go for divorce of any nature or mutual consent divorce (MCD).  You should file annulment case.  The person who has been forced to marriage shall file the case.  You can move the case immediately and if the other party cooperates, the marriage will be dissolved by decree of nullity and both will be free.  After you get this decree, as per law, no marriage has happened between the parties.  You both will not be called as "divorcee".

You can contact me for further guidance.  My No. is 9868332610.  I will be available between 5 to 6 PM.

manish (process associates)     20 February 2015

ok thanks for the valuable suggestions, some one told that in india everything is possible... and said that if we will regstrd our merg with back date of 1 yrs ... so we can get MCD for that we have to present affidavit and merriage card of back date ..

 

is that the right way to get divorce ,,,please suggest

manish (process associates)     20 February 2015

In annulment there may be a chance of punishments for her parents for the force they did to her daughter

Adv. Chandrasekhar (Advocate)     20 February 2015

1.Fabrication of documents and producing them in the court to  obtain court decree is a severe criminal offence in Indian law.  If the concerned person challenges  such decree there will be severe repercussions and in matrimonial matters on the basis of fradulent divorce decree, divorcee goes for another marriage,  it is bigamy which attracts a lengthy imprisonment.

2. In the given facts, if proper pleadings are made in annulment petition, the girls' parents will not get any punishment.

manish (process associates)     20 February 2015

sir i just wants to know if my wife will file annulment case and his parents will accept that merriage was done force fully will they get punishment or not ? becz they are gov employee i dont wants to give them punishment plz suggest

manish (process associates)     20 February 2015

If me and wife both are ready to get seprated and start a new life ..... inspite of going for divorce ..is annulmemnt will be the best option ?

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 February 2015

U both or either spouce can file petion after 1 ur srom marriage.

Devendra (Designer)     23 February 2015

You should made a vedio in which you both are accepting your divorce. and live separately.


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