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Tarun (Research Analyst)     04 August 2010

Divorce under Section 14

I got maried in nov., 09 and within next 4-5 days my wife started to say that she doesn't want to live with me as we both are not compatible. Before our marriage there was a 4-5 months of courtship period and then she was acting normal and never said anything regarding compatibility. Now we are living seprately since 1st Jan.,10 and have finally decided to divorce under mutual consent. Now comes my questions :

Is this true that we need to wait for 1 year of sepration before applying for mutual consented divorce.

What if we want to make the process fast . (is their any scope of it.)

If we file for divorce after one year of sepration, do we need to wait for 6 more months to get the second motion in case our first motion is allowed after a year.


Somebody has told me that under section 14, an application can be attached along with divorce papers which can help us to get the divorce quickly (as per judge's discretion)

 

Will be really greatfull if someone can suggest the right path.



Learning

 1 Replies


(Guest)

1. For MCD 1 year wait is necessary.
2. Since Jan '09 you both are not in eye contact so enjoy life for another few months and situation may rebound who can guess better than you two since you both courtshiped for 4-5 months before marriage! 

“Ever has it been that love knows not its own depth until the hour of separation.” Kahlil Gibran 


BTW why did you decide for MCD as you write? I mean did the lady spoke her Terms and Conditions at any given point of time for MCD that prompted you to look for options either U/s 14 HMA or MCD or just fishing,good to know once options?


In my opinion from your briefs I donot see any "incompatibility grounds" for Court to waive off 1 year waiting period on grounds of extreme hardships.


However, meanwhile I suggest you to go over into the insight of Divorce as aked by you, referring to say following mint fresh citations:-
 

(a) 119 (2005) DLT 567 "Sh. Tarun Kumar Vaish vs Ms. Meenakshi Vaish  "
(b) Prabhat Kumar vs Ms. Himalini - D HC of 12 - 01 - 2010

search abv. in www.indiankanoon.org

"Patience is a vertue, seldom found in men but always in-built in women" - somebody said so do agree with such sayings now !


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