Divorce rules

1.    Marriage involving minors would be a nullity in the eye of law and there is no necessity even to obtain a divorce decree with regard to such a marriage.

2.    BTW, are the two spouses currently cohabiting together? What about the day-to-day cordiality between the two spouses? Further any child of parties out of such unions?

3. Think of something tenable for a social question why now i.e. after 2-3 years the spouses are waking-up? 

Thank You Tajobsindia

What if they are living together from all these years due to some family issues or pressure by family and society 

and they have a kid, but now they dont want to take it anymore and decided to get separated 

Thank you

Noted, that is why I asked what I have to ask in para 2 r/w para 3 before spelling a just legal way out.

1.    Since here the question of interest of child out of wedlock is also involved when the then two minors now major spouses are concerned, under Family Law the concerned Court will admit a suit petition provided it is routed MCD (Mutual Consent Divorce) route with well laid out settlement plan for the minor child and not for the weaker spouse (not for your legal wife as there is no legal marriage that exists between you mind it).

2.    Hence, suggest to one more time speak out jointly your mind on parting in such typical question of Law cases with mother of a minor child of parties about what could be reasonable one time maintenance or per month maintenance the minor child of parties shall get from you i.e. natural father to seek eperation by way of a decree.

3.    Why I suggest opting MCD route is because if no child were there of parties then there is no legal marriage exists between you two even if 2-3 years lapsed after turning major and Law says no need to come to me to dissolve the same. But, since a child of parties also there then the Law will lean towards ‘settlement’ of child issues wherein Divorce suit in the nature of MCD is admitted to do enquiry on question of legality of parties marriage first where Law will reason out that the parties have no legal marriage as per existing Law but the discovery is brought now (i.e. after elapse of 2-3 years) read with the same parties have minor child out of the no legal wedlock status of theres and since society may treat minor child as illegitimate the Court is in favor of dissolving the parties marriage whose discovery has crossed even the Limitation Act and as per placed on record material facts read with a Agreement on mutually agreed terms and conditions of maintenance to minor by natural father the Court is pleased to dissolve the marriage of parties.Under Family Court Act it allows making such Rules for just cause

4.    Here the two catch words by trial Court shall be ‘Limitation Act r/w Hindu Marriage Act void marriage Section(s)’ and ‘legitimate minor’s best interest/welfare’ to ‘admit the MCD petition’ which is my view. And since Court knows after enquiry of parties that it is willful Agreement of parties who are still young at age and re-marriage chances are bright for both of them (and secondly the parties would not challenge the same in an Appellate Court) thus Decree Sheet will be prepared accordingly. All these possible provided both of you willfully after turning major with a child of such non-legal wedlock wants to agree to mutually dissolve the marriage in best interest of the child. This is my view on how court will overcome the admission stage challenges when all correct facts in sequential paras are correctly (i.e. jointly) mentioned by both parties for court to do enquiry and then pronounce just Order as a Decree in a MCD proceedings.   

5.    I also stress here that Court will not have any other option to dismiss such MCD petition based on reading down above facts. I mean will you say that the concerend Court dismiss it stating that there is no legal marriage hence couple cannot proceed on MCD route ? Then the option will be to approach Hon’ble HC of the State to give direction based on emotive challenges in this brief i.e. ‘minor’s best interest’ when parties are willing to seek legal remedy out of no current any other legal remedy available!

6.    A well reasoned Order which comes out of reasoned argument based on placing correct facts is what this brief requires to state to dissolve a non-legal marriage and also side-by-side protect best interest of a minor.

{Try it out, it will succeed}

Hi Tajobsindia

I have few more things to get clarified.

first what if in this case Ma is weaker spouse and women stronger in financial matter.

what are the chances of man retaining the child with him in this case , he also has his parents with him

if there are less or no chances for him to retain the child, then what are the ways that a man can retain child in my case.

and can u also please brief me about the financial settlement if man wants the child

Thank you :)