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lifeisbeautiful (searching)     16 June 2015

Need advice..please help..

Hi,

Me and my husband are seperated from last 1.5 years. earlier he was not ready to give mutual, but in last one or two months we decided for mutual divorce on the basis that he will not give me any alimony or maintainence which i agreed as i dont want to prolong and stretch and waste more time and get settled again. However two days ago he messaged me saying that when can i return him the jewellery gifted to me at the time of marriage. i asked him y will i return that jewellery as its my streedhan and told him i sold off that jewellery to survive a living as am not working. He got hyper and now is abusing me as saying if i have sold off the jewellery i made the biggest mistake of my life and now i should forget about mutual divorce. I really need sincere help as i want to get rid of this prolonged relationship which we dragging from almost last 2 yrs. 

Also, i want to know is there anything like out of court settlement where granting of divorce wont take much time. Is there a way i can get divorce in 6 months as am already seperated from last 1.5 yrs. in case we mutually also agree then can the first motion of 6 months can be waived off as even after 6 months our decision to get divorce from each other will b same so can that be removed and divorce be granted?

Also want to know what is judicial seperation and if one gets that can either of us remarry with judicial seperation?

Thanks



Learning

 2 Replies

Jatin Mittal (Corporate Lawyer)     16 June 2015

Hi

You rightly mentioned to your husband that the jewellery gifted to you is your 'streedhan' and you are free to dispose it in the manner you want.

When two parties approach court for divorce, court grants them judicial separation for a period of one year or any such period as deemed fit by the court. Judicial sepration is a kind of trial provided to the parties, so that they may understand the consequences of living apart. No party can marry during the judicial separation has been ordered by the court, because the divorce has not been granted to the couple yet.

Since your husband is not agreeing to the mutual consent divorce, we have to contest the case and unfortunately, court will take its own time to decide.

For any clarification, feel free to write to me at mittaljets@gmail.com. No charges for the consultation.

saravanan s (legal advisor)     16 June 2015

as adv jatin had said if he is not willing to give mcd you can go for contested divorce.


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