dd2182 07 September 2016

Mutual divorce or annulment?

Dear members Very enlightened to come across this forum. This query is for my younger brother who got married 4 months ago. Boy and girl selected each other via matrimonial website in 4 months. Husband and wife live separately in different job locations. Marital discord is due to 1. Wife's communication with previous boyfriend 2. Husband's reaction to such contact and suspicions on wife's behavior Further marriage has not been consumated due to wife's initial reluctance and husband's medical issue. Boy has now undergone medical circumcision as prescribed by doctor. However quarrels have reached such a state that wife wants to divorce. My queries ---> 1. Can wife file for annulment? 2. When can Mutual divorce be filed? 3. What financial claims can be made by wife? No dowry was taken by my brother. Will appreciate your valuable replies. Rgds

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4 Replies

Ms.Usha Kapoor (CEO) 08 September 2016

Dear Client,

OTH of you file divorce by Mutual consent if there is incompoatibility and irreconcilable differences differeces in tastes, temperment etc. You also execute aDeed of agreement in writing regarding the maintenance you'll've topay to your wife and chidren if any and return of dowry and stridhan under DV act. AND DSIVORCE EACH OTHER IN AN AMICABLE WAY.

Sachin (N.A) 08 September 2016

Originally posted by : dd2182

Dear members

Marital discord is due to
1. Wife's communication with previous boyfriend
2. Husband's reaction to such contact and suspicions on wife's behavior

Further marriage has not been consumated due to wife's initial reluctance and husband's medical issue. Boy has now undergone medical circumcision as prescribed by doctor.

However quarrels have reached such a state that wife wants to divorce.

My queries --->

1. Can wife file for annulment?

Answer: Depends what was the medical issue with husband and what is his condition now.

2. When can Mutual divorce be filed?

Answer: Any time when they both want to . No minimun or maximum time limit

3. What financial claims can be made by wife?

Answer: Valuable items gifted at the time of marriage. as you can understand all girls file some fake list of items depends how you handle it.

P. Venu (Advocate) 08 September 2016

Any suggestion involves the law under which your brother has married.

A walk alone (-) 10 September 2016

1) yes she can file. 2) any time when they both want. 3) maintenance through crpc 125 or dv. Better if possible ask your brother to go MCD instead of wasting time and money in court.