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enquiring about mutual divorce


I would like some information regading mutual divorce under the Christian Marriage Act.

I got married on 04th Nov 2005, but soon realized that marriage would not work.

Now we both would like to go for a divorce by mutual consent. but my in-laws expect a lot more compensation above my limit.

my questions are

1.what i need to do now as they are mentally torturing me a lot by asking a huge compensation.

2.we do not have any relationship at all she stays in her parents place .

3. They are blachmailing if i do not pay the money they demand they want to file a dowry case on me.Please suggest me what i need to do at the present scenario.

waiting for your replies urgently

Thanks

 
Reply   
 
barrister

First of all are you living seperately for atleast 1 yr ?. This is a condition for mutal consent divorce. If the compensation she asks is huge, try negotiating with her and if she refuses to lower the amount, forget about mutual consent divorce and file a divorce case against her on the ground of adultery but for which you need valid proof .... If you can prove that she suffers from some mental disorder then that is also a valid ground for divorce...


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Dear Arun,

 

Only three possibilities now available are:-
1. If parties are same to a divorce petition and compromise has been recorded then no need to wait for 6 months.
http://www.lawyersclubindia.com/forum/6-Months-waiver-in-divorce-by-mutual-consent-Section-13-B-25782.asp

See in the judgments section you can find judgment which I posted there.


2. If parties are same to a divorce petition and compromise has been recorded and they have been not living togther as husband and wife from last 1 year then no need to wait for 6 months. (By showing ratio of State HC decisions where in recent months waiving has been done post Jain judgement of SC)


3. If parties are same to a divorce petition and they have entered into compromise and they have not been living together for more than 1 years then they can file as joint petitioners a MC petition and if Trial Court does not waive of 6 months cooling period then directly approach SC (By showing the Jain Citations seek MC Divroce).

 

6 Months waiver in divorce by mutual consent Section 13 B

1) 6 months period can be waived by the Court, see below Judgments.

2) Any party can withdraw Consent for Mutual Divorce anytime giving reasons of non-settlement...

3) If its a mutual consent divorce then she cannot claim further unless there is a kid involved...

4) There are no certain forms, hire a lawyer services and he will prepare joint petition which will be signed by both the petitioners and he will file the suit...

5) The joint petition will include every clause both the parties wanted...basically, no one interferes in other's life after divorce unless both the parties decide to mingle

 

 Now, if she can ask huge amount forget about mutual consent divorce and file a divorce case against her on the ground of desertion but for which you need valid proof

 

(4)            No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

 
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I have been married from from Nov2005 but we do not have good terms from day one as it was a forced marriage. In 2005 i was given 50 soverign gold and 50000 cash. The very next month my father had a brain tumour and i was in a situation where i had to use her jewels and cash. now we do not live together she works as a lecturer in a engineering college and earns 30k and i am jobless. Now my in-laws are blackmailing me to pay 20lacs or they will sue a dowry harrasment case on me. So please guide me what to do in present situation.

 
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