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J (Manager)     30 August 2013

Is mutual divorce possible?

Hello Everyone,

I have been married for the past 9 years. Since I have my job postings mostly out of my native place or out of India, even after marriage I had to be away from home. I told my wife numerous times to make a passport and come along with me. I had even ensured that I take family accommodation everywhere I went on a posting. But she never came along or made her passport to travel abroad with me.

 

During this time, she never stayed in our house. The moment I used to leave our house, she packed her bags and went and stayed with her parents who stay just a few Kms away. When I went on holidays to my native, she hardly came by and stayed along with me saying that my parents feel this is unethical to stay with you just during the times you are here!!! While we were married we hardly had any physical relations due to her accident and operation to the backbone. I still supported her all the time financially, emotionally and physically (her numerous visits to doctors in Vellore, etc). Eventually we drifted apart and so apart that we hardly saw each other during my holidays.

 

Now from Jan'2011, I have not even met her. She emotionally blackmailed my boss and got the access to my salary account during my absence in the country. She drained Rs. 30 Lacs from my account on the pretext of different reasons and invested all the money in her father's name ( I know bcoz my email was given for his account). Over that she made me take a loan for Rs. 8 Lacs to purchase a land which is registered in her name as of date. Still she wanted more money to build a house on that land which I denied since I got suspicious about her intentions (this is of Jan'2011).

 

Later that year I met a unmarried woman and decided to end my marriage and start over again. But due to some jealous relatives, she got the information beforehand and has been threatening me since then that she will go for suicide and blame me for her situation. I have tried to smooth out things and asked her to make this mutual on many occasions. But she is really adamant and now has completely stopped communication to avoid any negotiations.

 

I wanted to ask here to the experts that should I send her the divorce papers or directly file a case for divorce as I want an upper hand in this case. Also I wanted to ask if her knowledge of my extra-marital affair would cause any harm to the other woman. Usually how much time does it take for such cases to resolve?

 

Thanks in advance.



 2 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     30 August 2013

a fit case for section '13 B' hindu marriage act!

Adv k . mahesh (advocate)     31 August 2013

there are different sections in which you can file

1. for some time do not make more relation with other girl

2. meet a local lawyer to send a letter her to come back to you to stay or you will constrained to file divorce case

3. even though if she does not returns then take a step further to file divorce case 

4. even if she thus not come then a exparte order will be issued say the case may run more then 2 years

5. or convince her to take mutual divorce which takes before 8 months the divorce decree will be in your hands but both husband and wife should be present in two occassions in first motion filing a petition and after 6 months again both agree and file petition for grant of divorce and court will grant 

6.iln my first point i told why because you wife will have a chance to demand alimony or she may object for divorce or some pretext she may break the process so for that reason i made that point 


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