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Pawan (Others)     17 February 2012

Need advice on divorce

Hi there,


I am pawan from hyd.. I have married my girlfriend in aug 2008 but we were not staying together as I had my elder sister to be married. She stayed with her parents and I satyed with my parents. No one knew that we were married as we wanted to use this as a last option if our parents did not agree to get us married, we taught we would tell them that we are already married and move out. Now my sister got married in Feb this year. I am ready to marry her now but she says she has taken enough all these yrs waitng for me and does not want to get married or move out with me. She says she will go according to her parents wishes and marry someone else. I married her in a temple and I have the certificated and pictures of the marriage however, i did not get the marriage registered. I dont want to lose my wife as I love her truly and I know she has taken this decision coz she is fed up and wants to make their  parents happy. We were meeting rgularly sa we both work in the same office and we have intercourse regularly but its been 8 months now that we did not have intercource.... I just want to know that


1. Will she be able to get a divorce in any way when I am not willing to divorce her.

2. Will her parents be able to get her married to someone without taking a proper divorce from me.

3. All I want is to get married and take care of her as Its time for payback .. She has taken a lot for me and I want to take care of her.

I am just worried that she might take some hasty decison for which she might repent later but I do not want to lose her at any cost.





 21 Replies

sharma (ADVOCATE)     17 February 2012

It is legally possibile by filing RCR, as you said that you have sufficient proofs.

My advice is not get her, as you face deep problems with the guy after getting back.  be ready to face 498a, and othe criminal cases.  But, still if you hope LOVE is great, fight back my friend.

Chaitanya_Lawyer_Mumbai (Lawyer)     17 February 2012

Registration of marriage is just one of the proofs of a valid marriage.

Wedding photos are sufficient to prove valid marriage.

She cannot marry legally without getting a divorce decree.

You can file RCR if you wants to live with her.

Pawan (Others)     18 February 2012

I will not file RCR as I am ready to giver her sometime so that she realises and comes back to me but I am worried that she might use this time to get divorced from me without my willingness.

Can she get a divorcee as we did not stay together in a same home and its been 10 months that we had s*xual intercource. Can these points help her to get a divorce even if I am against divorce. I heard from a frnd that these points are in her favour and she will get a divorce even If I wish against it.

I have hope that she would comeback to me .. all that she needs is time now and I am ready to give her time but I am scared that within this time will she take divorce with the above 2 points that my frnd said are in her favour

Please advice.

K.P.Satish Kumar (Advocate)     19 February 2012

If the girl is in illegal custody of her parents then file a police complaint . If police complaint dosent works then file a HCP in the High court. There is also have chances to file RCR proceedings and you have chances for counseling for reconcilation also. You should decide which path you goes.

K.P.Satish Kumar M.L.

Advocate Chennai

@ 9962999008



Hi,i need urgent help.

I got married 25 feb 2011. in july my wife file dowry case from bareilly up. i got stay order from high court allahabad.

high court refer to mediation center.  now we sattle the matter in mediation center.

in agrement  written that we can file divorce in district court. but judge has refused.

because in mutual divoce section 10a required 2 years seperation. he said this is mediation center report, not high court order. you get high court order.

they have also file 125.

now what i do. please sugges me. my mobile no. is 9990585029

only give me missed call i will cal you 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 March 2012

Yes Mr Rajiv your problem is real.

If both of you are ready make mutual written agreement and follow the time table of law for MCD.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 March 2012

Mr Pawan you are lucky that your spouse is living you withoug any problem.

Let the bygones be by gones and start a fresh and let her also live as per her wishes.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2012

But mutual consent divorce requires one year of seperation only.





Shonee Kapoor


Prashant Rana (Advocate)     07 March 2012

@ Rajiv

Completely agree with Sonee Kapoor. Now more than one year to the marriage is complete, you can file for MCD. Hire some good Family matter advocate who will guide both of you.

As far as Maintenance proceeding under sec 125 is concerned, you will be liable to pay the maintenance to her even after divorce unless you pay to her a lump-sum amount during the MCD proceedings.

Prashant Rana (Advocate)     07 March 2012

@ Pawan

Dear Pawan, the best available option for you is to file for the RCR immediately as on the one hand it will gives you a full defense in divorce proceeding if she choose to file so in the future. On the other hand she is requires to appear before the court ( out of restrictions of her parents) and your matter will be referred to the Mediation Centre, where you have good chances of getting her back as you two talks about your problems face to face without her parents pressure etc. But if she had really decided to leave you and move on, then you two can get divorce by Mutual Consent as it is the best method to dissolve a marriage with minimum bitterness between the two.

If you simply choose to keep silent and give her time then she gets a strong case of divorce in her favour on ground of desertion on your part. So if you love her then choose to file for RCR. Contacts to some good family matter Advocate in your area for more help.


Asper agrement,

1. i will have to pay permanent alimony 3 lakh rupees in equal istallment. 1 st payment at the time of filing divorce.

2. we will return articles to each other.

3. both parties not file any fresh case against each other in future and

civil and criminal cases filed by us, shall be treaed to be withdrawn.

this agrement singed on 08.01.2012

when i went to court for filing divorce, judge refused.

he said, this is mediation center report not high court judgment, we are not bound for that.

bring high court gudgment.

because of this they have not withdrawn  125

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

The court is wrong in its approach.


Any agreement signed by both parties and statement given by both parties to this effect is enough to finish any civil case.





Shonee Kapoor


Prashant Rana (Advocate)     10 March 2012

As said by the Shonee Kapoor, court has adopted a wrong approach towards your case.


Now you have the following orders:-

1. Consult with your advocate and try to change your case to some another court (one with liberal approach) by filling such an application before the Distt Judge (hope your case is not already pending with the Distt. Judge, itself). Court will generally allow the transfer where both the parties appear before it and make such request after seeing your agreement in the Mediation Centre. He may also call the case to him and dispose of the same itself.


2. Take the certified copy of the court in which he denies the divorce even after having an agreement in the Mediation Centre and go to the High Court, against revision of such order. Produce both the parties in the HC and may be HC gives the divorce itself or surely going to direct the lower court to take the agreement in consideration and pass the order of divorce according to it...

.... So consult a Good Family matter Advocate in near by.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 March 2012

I stand corrected after the discussion.


Christian Divorce Act, as applicable to the party (Despite name suggesting him to be Hindu), the time for Mutual consent divorce is 2 years seperation.





Shonee Kapoor


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