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Ekta (NA)     15 June 2011

Need Suggestion

I got married on May 09, 2009 and seperated from husband on Sep 11,2009.Tried all reconcilation methods to save the marriage but failed.At last decided to end up the marriage.I filed 498-A ang got my stridhan back on feb 2010 and a MOU (Memrandum of Understanding) was made b/w me and my husband as he will co-operate with me in Mutaul consent divorce (I didn't ask for any maintence) hence i filed Divorce petition on May 25,2010 (After 1 yr of marriage) and the first motion was done on Sep 16, 2010, now the problem is that my husband is not ready for second motion and not -co-operating with me.
I heard that if any party doen't withdraw conseny with 18 months from the date of filing divorce then the court allows the divorce to the Divorce seeker (Applicant) and i decided not to go further and filed a contested divorce but i saw a jugdement "Hitesh Bhatnagar vs Deepa Bhatnagar  [SUPREME COURT OF INDIA, 18 Apr 2011] where the appeal was dismisseed by Supreme court of India as wife withdraw pases her consent after 18 months.

Here in my case, 1)i want to know if i remain silent till 18 months from the date of filing divorce and if the boy doesn't withdraw his conmsent within 18 months,will i get the divorce from the court or shall i proceed with contested divorce.I just wanted to clear one thing here that i don't want any alimony, maintence or any sort of compensation from my ex..i just wanted to comeout from the marraige. 2) Will my MOU valid in court 3) While filing contested divorce and 4) can i add desertion ground as in Sep 2 ys of seperation would be completed.4) How long it will take for divorce in contested one as i am very clear on my part I just want divorce.



Learning

 7 Replies

Rahul T (Engineer)     15 June 2011

Madam, I am not a lawyer or specialist. But I am studding law (Hindu marriage act) since I am a victim like you. I have problem with my wife & I wan to come out like you. As I know the pain while breaking mirage, therefore I am replying you….

1> Answer is it will become “null & void” after 18 month.

2> Your MOU will become un-valid after 18 months…

3> Desertion ground is a good point, But you should have solid proof that you have been deserted since last 2 year’s (2 Year’s is minimum).

4> Congested divorce may take 3-4 years…

 

NOTE: Why are you worrying being a Lady??? Don’t worry. If want to go for Second mirage go ahead. As per Hindu marriage act (if you get marry before Legal Divorce, then your X-hubby is eligible for Divorce only. You will not get punished for that.) Bad Part is he (your X-hubby) has all right to do Se*ual Harassment (by force)with you till you get legal divorce. Unfortunately this is legal (As per Hindu marriage Act).

GURU's correct me if I am wrong....

Thnaks…

**Victim** (job)     16 June 2011

@ Rahul wish you all the best with your studies in Hindu Marriage Act........here you are giving wrong advice to this lady......to my knowledge she cannot remarry until she seeks divorce........if she does that then her husband can file bigamy charges on her........usually law in india is women biased but not every women fall in this category

 

@ Ekta i suggest you go for MCD because it is less time consuming and less frustrating !!!

Indrasen Pol (S.Y..B.L.S.)     16 June 2011

Dear Sir,Madam

I want to save my Great Great Great Grand-Father Property , but my Grand-Father is sealing the Property . what should I do to save the property. please give me the sugession as quick as possiable.

Thanks & Regards. 


Indrasen Pol.

**Victim** (job)     16 June 2011

Indrasen pls post ur question in forum section.............right now u have posted ur query under someone's forum it will create confusion for Ekta and You

Indrasen Pol (S.Y..B.L.S.)     16 June 2011

it is about estate forum, Thank you for your quick replay.

Thanks

Indrasen

Indrasen Pol (S.Y..B.L.S.)     16 June 2011

sorry it is about real estate  forum, thanks for your quick reply

Thanks & Regards.

Indrasen Pol

Adv. Chandrasekhar (Advocate)     16 June 2011

@Ektaji,

1)i want to know if i remain silent till 18 months from the date of filing divorce and if the boy doesn't withdraw his conmsent within 18 months,will i get the divorce from the court or shall i proceed with contested divorce.I just wanted to clear one thing here that i don't want any alimony, maintence or any sort of compensation from my ex..i just wanted to comeout from the marraige.

As per the decision of SC quoted by you, you will not get the MCD even though the boy does not withdraw his consent and the court stipulated that in the second motion also, both parties should show their consent.  In such a situation, you have to file contested divorce case.

2) Will my MOU valid in court 3) While filing contested divorce and

It has got a persuasive value, but not valid in any other respect as the grounds for divorce are well laid down in the statute and the court can grant a contested divorce only on any one or combination of two or more grounds laid down in the statute.  The court cannot go beyond the grounds laid down in the statute and MOU is not a ground there. 

4) can i add desertion ground as in Sep 2 ys of seperation would be completed.

Yes.  During the pending divorce case, by moving appropriate application and after getting the leave of the court, you can add desertion as a ground.

4) How long it will take for divorce in contested one as i am very clear on my part I just want divorce.

that depends from area to area depending upon the pendency of the court cases and generally it will take two and half to three years, if none of the parties adopt a delaying tactics. 
 


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