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498-must-scrap (Manager)     19 May 2012

Please advice me on divorce

Hi All,

I'm a 28 yrs old and got married in Nagpur on 16-JAN-2010, I am residing in Nagpur & she is not living with me from begining, We were working together in MNC & we both Were falling in love then we decided to get married But I was thinking It's not good time to get married, That's why I always discussed with her about it's not good time to get marrige because that time wasnt confirtable for me, She said just put the registration in court we will start our married life after some time.
We got married in Nagpur on 16-JAN-2010 infront of her relative didnt have anyone there from my side, i was in her emotion only & unfortunatly my parents are still unaware from this case, My wife is not living with me from begining, but we are discussing on phone, from last 1 years we both realised we was wrong, we always fighting on phone by  lots of small sily things because we dont have understanding between us

Due to my tight work schedule I couldnt spend time to talked with her also couldnt meet with her, I can get her at my home but she is not agree to live with my parents also we dont have understanding between us Now I am very regretful on my past decision Please help me and advice how to get out of this marriage asap if possible. I'm going mad each day. My life was lot more peaceful before marriage.

sometime She is saying about divorce but she is not agree to come in court for file case in court, she always saying u can submit case & come with Divorce papare I will sign on it but she is denying to come in court

Is it possible to get divorce without her availabilty in court ?



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 6 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     19 May 2012

No, its not possible she has to come to the court for divorce.

498-must-scrap (Manager)     19 May 2012

Thanks for your reply,

How she will come court if I will submit the case, she is denying to come court?

 

Regards

 

V

Govind MNM (Legal Advisor)     19 May 2012

file divorce by mutual consent. ask some local advocate.

Adv. Sumedh (lawyer)     19 May 2012

if  You both have decided to be seperated from each other then no one can stop you from filing divorce petition u/s 13-B Of  Hindu Marriage Act for mutual consent divorce . but you have another problem that she is not willing to come in court. in this case you can file divorce petition from your side for mental cruelity  and desertion  on ground against her, in this case you will have to take her in faith and provide her all informantion after all you dont have any other option. till then dont be panic. take care.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 May 2012

Court would send her summons - will she will have to comply and if she fails to - court gives what is known as 'ex parte' divorce. 

498-must-scrap (Manager)     19 May 2012

Thanks to all  for my query


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