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san4mbitbng (CSR)     25 April 2011

Legal Seperation / divorce

hi,

 

This is sanjay here and i need advise regarding legal seperation.

My wife and i want to get seperated mutually.

I got married before 6 months she left my house after 1 month of marraige.

My wife's mother wants us to sign a document with the guidance of lawyers that they have prepared saying that i'll not interfere in her life herafter and giving her permission for the second marraige. they dont want to go for for the legal divoce as this would take long time to get settled.
first i wnat to know what this process  is called as ?

Is this called legal seperation and is this a valid process ?

can this be done with the help of local police ?

can legal seperation in india automatically become divorce after a period of time ?

what is the minimum wait time to apply for a Legal Seperation ?

I dont want to lead a life with her.

 

please give advise .

Thank you.

 



Learning

 5 Replies


(Guest)

There is no such concept of signing a paper divorce decree can only be granted by a court of law. Any subsequent marriage without a decree of divorce is invalid. The mutual divorce application can be filed by you and it will take 6 months for the final decree but that can only be admitted after one year of marriage.

san4mbitbng (CSR)     25 April 2011

thanks for the reply .

i did some google search and found out something called as divorce arbitrary . Is divorce arbitrary widely accepted in india ?

animeshsingh (Advisor)     04 May 2012

Dear Sir,

 

I have filed my divorce papers with mutual consent of both parties some 5 months ago. Next month, our second appearance before court shall close the case and divorce shall be granted. I have paid whatever they demanded as alimony. Though the amount was huge, still nowhere on paper it is mentioned that my wife won't be eligible for any second marriage or a job. Means, she can marry second time and can get a job as well, and in that condition also I have paid an hefty amount of compensation.

Like every divorce, divorce procedures started at most bitterful notes. My 7 years old daughter, to whom I love more than my life is with my wife and in-laws. As I come to know my wife to seek some job/earning has left her native place, left my daughter with her parents and is residing away from her. So, in present case, she is not at all taking any care of my daughter.

In divorce papers, it was mentioned that 'whenever I would seek to talk to/meet with my daughter, they would allow that'. But the fact is that I haven't spoken to my daughter after Sep'2011. They even did not make her speak to me on her B'Day, this 30th April. I don't call at my in-laws home. They all are very critical and very abusive to me, and calling at their home for letting me speak to my daughter would only make my position more murky and my daughter getting affected by them because of all this.

But there is zero self-conscience in my in-laws & wife's mind that they are stopping a daughter to speak to her father. Now in this case, as the track is going, I will have to

a) either forever forget that I had any daughter in this life, dear to me more than my life, or

b) to fight a case once again in court for getting back my daughter/getting the court order to them to let my daughter speak to me at 'guided and instructed' time intervals.

Now anyone of you very elite and esteemed dignitaries, please suggest me what can be done from my side in such case, which can really be very effective. I am not residing with my wife since June'10.

 

Regards

Singh Animesh 


(Guest)

only six month left to your marriage

Lot of ciatation available when court passed divorce order without delay.

If you file mutual divorce petition in court than------In your case my view is that court will take six month time and after giving six mont opportunity both of you will passed divorce degree.

If you have not sattled meanwhil period.

Adv. Chandrasekhar (Advocate)     05 May 2012

Mr. Animesh,

Before giving advice, it must be seen who is really interested to get divorce?  If it is your wife, then, you must renegotiate the conditions for MCD.  In the renegotiation 1. it must clearly come that how much money you paid as compensation/alimony and out of this, how much money is meant for the education and expenses of your daughter.  2.  That about your child custody also two points can be rediscussed- one is that if she remarries, she will give permanent custody of the child to you.  The second one is that every year in summer holidays and 15 days each in Dusserah and christmas holidays, the daughter will stay with you.  In addition to this, they shall not object your visit to meet your daughter, if you give at least 24 hours notice.  You renegotiate the same.  If you are not in hurry for divorce and if they are not willing to renegotiate then do not go for second motion of  MCD.  In the meantime, by way of a letter send to your wife, get the fact reduced in writing that you paid such and such amount was paid as alimony till date. 


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