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Need help on divorce

Hello Everyone !

I need to discuss a case of my Brother, who got married recently but unfortunately her bride not willing to return to their in-laws home just after first day of marrige. (Actually in our coustoms, new brides need to visit her parental home just next day of their marrige along with their in-laws.)  It was really very shocking to all of us, after lot of inveatigations we came to know that Girl was having an affair outside and bride parents are also unaware of that. Now finaly their parents regreted for all incidencse and felt sorry of all wrongdoings of their girl. 

After, all this episode, we finally have singed  an un-official mutual divorse  consent  (on stam papers and attestation ) from girl as well as boys side that both are ready to be seperated and the girl will not file any case on boy side and vice-versa. Now after this , I have following queries for this case:

Q1. When can we file a legal case of Divorse in Court now ? (After marrige and after mutual consent)

Q2. Can girl refuse to sign, in court later on for Divorse ?

Q3. Can a girl file false case of Dowry etc. after our un-official mutual consent signed ?

Q4. Can boy be married before verdict of Legal Divorse of Court.

Q5. Usually how much time it will take for final verdict of Divorse in Court ? 

I will be very thankful to all for their suggessions !



 1 Replies

N R Dash.. (Advocate)     05 May 2015

The document deed you have is not a valid document as per law. On the legitimate grounds, divorce may be applied after 1 yr of marriage. Till the marriage is legally dissolved, re-marriage is a crime and shall attract prosecution as per legal provisions. The wife can take illegal advantage by abusing and misusing the process of law.


As a precautional measure, do collect all evidences regarding her affair and other details. Further, do take a NC from your local police station by submitting a copy of the said deed signed after mutual consent.


Consult with a learned local advocate to help you with the technicalities in this process. Don't be a doctor to your own disease. This is high time and a wrong step now would end up with lifelong regrets.

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