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Pulak Pravat (Research)     04 June 2013

Help/suggest (re. divorce/separation)

 

Our  marriage (15 years now)  is broken  for “coldness” in marraige and conjugal  relation.   For   last  6 years,   we are living  in the same house, but in separate rooms  and  for last two  and half  years  we don't have any conjugal relation.   We are living in the same house to raise the KID  who  will appear in Xth exam  in 2014. By now, I have lost all my emotional attachments with her   now want a  mutual divorce  on mutual consent.   After a long  argumet, now she agrees  to that, but ask me to wait for  another year until our daugher   appears the Exam. 

 I think,  it is good for the Kid  and accepting that, but I do't have enough faith that she will not change her mind after    a year.   She thinks    it  is a great risk living together  while the divorce procedure is   progressing, as  if any unfortunate event (say death or   a major accident) happens, the survivor  may be blamed and   harrashed by the relatives of the other  and in that case, our dauthter   could be raised in a   shelter Home !   I don't agree, but I could not convience her.   I am willing to wait for another year,   but I don't have enough faith that, she will not change her mind  then, and   file a divorce case from her side. That would take  too  long and she may even decline  the  the  fact   (that we  don't have any relation). 

At  this stage (while we are living in the same house),  I want to get    her signed on a agreement  saying that   a) we  don't have conjugal relation and  b) we  agree to  go for mutual divorce after   a year.

My questions are
1)  Does this agreement have any    legal binding   in the court of law  ?
2)  Should I go for   a  judicial separation now   (as   my priority is to live   in the same  house for another year)?3)  How  long  does it  (judicial separation) take, usually ?  Does it automatically lead to divorce after a year  ?           Can  she  file a  divorce case,   during separation ?
4)  Any of you have any better suggestion ?
5) Can you tell me about a good, efficient,  and   honest  lawyer in kolkata ?   

 

   Please help. I increasingly feel lonely, unsatisfied, unloved, and empty.   I fear, a divorce case  is almost never ending.   I  don't want to harm anybody   or donot want to do  anything unethical. But at the sametime I have the right to  live.   Please  help. One mistake, of course, is not the end  of life and  I   want to give life another  chance.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 June 2013

Tricky situation and seems that the marriage is irretrivably broken down. You can take it in writing from her however, it can be challanged after wards. If you feel that your wife can change her mind then, one option is that you can file for MCD now and move the second motion after the examination of your kid as second motion can be moved at anytime within 18 months so, you have 1 and 1/2 years in your hands  to move the second motion.  You can declare it in the family about the MCD at the time of the second motion only as you both are quite matured now and must have taken the decision after due thought so even if some mishap happen in the meantime as per the fear of your wife, your respective families will never know about it unless the second motion is moved and so no question of illtreating the surviving spouse.

1 Like

Need Justice (manager)     04 June 2013

Dear Archana Madam,

 

kindly chek ur pm

Adv Archana Deshmukh (Practicing Advocate)     04 June 2013

I have not received any new pm in my inbox. Perhaps the msg box may have a limited capacity and might be full. You can send email on adv.archana@ymail.com

Pulak Pravat (Research)     04 June 2013

Thank you Ma'm  for your suggestion. 

I thought,  one must stay separate for atleast one year    before   applying for MCD.   How can I apply for
MCD  now?  She is not willing to write  anything  incorrect   (like we lived separate).  The  Govt. Qtr,
we live in, is on my  name  and    even if I rent one another, I can not prove that we stayed separately. 

Kindly guide me, how to proceed. 

Can you suggest me    name of a good lawyer at Kolkata (are you from Kolkata ?) 

Pulak Pravat (Research)     04 June 2013

Another question, is  okay (and legal)  to live in the same house    for another year (after I go with 1st motion) ?
It is a great suggestion; thank you very muc. With regards. Pulak.  

Adv Archana Deshmukh (Practicing Advocate)     04 June 2013

@ Pulak Pravat,

 

Read your own post again.... you yourself have stated that you and your wife are living in seperate rooms for the last six years and have no conjugal relations since last two and half years, so  isn't it seperation? so where is the question of writing anything false or incorrect? Write things as they are.

Pulak Pravat (Research)     04 June 2013

Soory ma'm,  if I am bothering you.     I understand and agree with   what you said.    But somehow I was mis-guided by some local lawyers, who said   that 
a physical separation, I  mean a separate address   is requied.     Which means, I  have to declare  in  MCD application that  "we are staying separately  for
last one year."    I am a  scientist by profession  it disturbs me so much....  I am just looking for  a sensible  lawyer like you...

Thanks again....    [Is it possible to talk to you  or chat,    I am sending you  an E-mail , please reply  if you have some time  ... ]   Thaks   gain.  


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