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Ravi (test)     12 March 2015

Need advise on divorce

Hi,

My wife and I have been living separately for almost 3 years. I filed for a restitution of conjugal rights within 3 months since she has left me. But she appeared in the court and told that she wants to live with me. But i didn't attend the court. As a result, the case was closed since I filed the Petition. Now she has agreed for a divorce. I have discussed this with a lawyer who says that the contested divorce on desertion ground is the easiest way to get the divorce which will take maximum 3 to 4 months. But if i apply on mutual consent ground which will take more than 6 months. He also has said that if either party doesn't agree after 6 months, the case will go nowhere. I thought that the mutual consent divorce is the easiest way, but the lawyer says differently. What is the best way to get divorce in my situation? If I apply divorce on mutual consent ground, does the court consider my 3 years separation and grant divorce without 6 months waiting period? Please advise.

Regards

Ravi 

 



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 10 Replies

Born Fighter (xxx)     12 March 2015

your lawyer is fooling you. Contested divorce getting results in 3/4 months is news to me !!!!!

go for MCD , thats the quickest and dignified way of closure.

Ravi (test)     12 March 2015

Originally posted by : Born Fighter

your lawyer is fooling you. Contested divorce getting results in 3/4 months is news to me !!!!!

go for MCD , thats the quickest and dignified way of closure.

Thanks for your advise. If I file divorce on desertion ground and my wife has appeared and agreed for the divorce in the court (she is ready to do that), does the court still take time to grant divorce? Please advise,

Born Fighter (xxx)     12 March 2015

Have you filed for divorce ??

Why are you in such a hurry since you waited for 3 yrs. MCD will be quicker and you will get decree in 6 months time if your wife is willing to cooperate.

 

However on one hand your wife wanted to come back to you and now she is willing to accept that she deserted you ...is strange and difficult to accept. Is she not claiming any maintenance or alimony from you ? 

Ld lawyers in this forum can comment on technical aspects of your case. But in my opinion you will not get a decree in 3-4 months time as waiving off 6 months cooling period is not that easy.

Ravi (test)     12 March 2015

Thanks for your reply. I haven't yet filed and trying to find the easiest way to get divorce. She was willing to come back 2.5 years ago and now she wants divorce. She is not claiming any maintenance as she is working. The only demand from her is that I should leave my daughter to her which I agreed as I never been with my daughter and me & wife lived only 1 year together (on/off and not continuously) in my 9 years married life. We have now been living separately for last 3 years.  

Born Fighter (xxx)     12 March 2015

Is your wife not claiming maintenance for your daughter also??

why did you not take her back ? you have a child, how can you say that you were not with your daughter so you don't need her.  Your wife is a decent lady and i think she is looking at a dignified exit due to your refusal to take her back. 

Adv k . mahesh (advocate)     12 March 2015

if a contested divorce is not that much easy even if either party appears and says wants divorce the also it takes minimum one year and if you want take another lawyer advice before filing for contested divorce 

and in Mutual consent divorce if a divorce were all point has to be discussed well in advance and frame a draft agreement and file the petition in person attendance is necessary and two times appearance and mediation will be there for which whole process takes 7 months 

Ravi (test)     12 March 2015

I have been listening all these kind of advise for last 9 years and I tried everything. I never refused to take her back until 3 years ago. She deserted me and stayed with her mother and doesn't want to live with me. I tried everything to get her back to my home. Finally, I decided to go to court and then she has changed her mind and wanted to come back. I refused that time. I only approached her now and wanted her to come back, but she wants divorce. Therefore, I have no choice now and wanted to move on in life. 

I really need advise on the following question,

 If I file divorce on desertion ground and my wife has appeared and agreed for the divorce in the court (she is ready to do that), does the court still take time to grant divorce?

Ravi (test)     12 March 2015

Thanks Mahesh and you have answered my question.

Saurav (Engineer)     12 March 2015

MCD

 

Considering your case (3 years of separation) Im 100% sure the Court will waive off the 6 month waiting period and you will get an immediate divorce.

NEVER go for contested divorce .........It may end up with 10 years wait. Even if you have to pay money throw the money to her face and go for MCD.


3 years is a huge gap. You will be a fool if you take her back. Maximum someone should wait is 4 months and after that case is closed.

UNDERSTAND that if someone can live without you for 4 months then HE/SHE does not LOVE YOU.

Ravi (test)     13 March 2015

Thanks Saurav


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