LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Tell me actual possibilites

Can anyone tell me that Divorce without mutual consent is possible or not...i had never done anything wrong so my in laws has no proofs for the blames on me... So i just want to know that if i am not ready to give Mutual consent Divorce to my wife than is their anyway for them to take Divorce..... i want to live with my wife..... kindly tell me....



 9 Replies

Tajobsindia (Senior Partner )     30 November 2012

1. If one spouse is not ready to give consent for divorce then the case will first of all extend to multiple years and secondly the relationship between such spouses will become bad to worse with passing of time once either files a case relating to divorce. The situation between them thus becomes worse then divorce however to say straight up "it is not possible for them to get divorce" but adversial Laws of India relating to family makes the other spouse end up agreeing for divorce. Contested divorce takes years of youth (productive years) of either spouse whereas Mutual consent divorce is easiest and fastest end to an already dead relationship and gives edge to ex-spuse to re-strat once life afresh. There is no formula as syrup here each situation is different and generic guidelines as answer (reply) cannot be given it is best left to once self disovery.

2. If you want to live with your wife whereas your wife does not want to live with you then you have to arrange neutral mediators known to both families to find reasons of her saying so and fix those reasons come what may come.

3. As far as proof (to what happened in 4 walls of a home between couplesetc.) are concerned about wrongs and/or rights done or not done see in India the matrimonial Laws favors more towards metro wives and to institute a case in Police station or Court a metro wife does not bother about “proof” all she has to show is her sari, sindoor and glycerin and there her Court case gets admitted. Now it is for you / your side of family members who will take years to prove your innocence but meanwhile the case is running. So it is said proof in a marriage is a concept of mind not Law more or less.

Bottom line spend time reading past several messages relating to matrimonial Law in Criminal / Family Forums and build up notes relating to learning family Law and then see where you like to stand “contested divorce” OR “mutual consent divorce”. Plain reading down your query cannot gives me an idea to tell you exactly what may suit your peace of mind from these two.

1 Like

RK (adada)     30 November 2012

Vibhor

As rightly said by Tajobs, Sort out the differences with your wife and if possible involve elders.
Build up trust and love with your wife and she will also stay with you.


(Guest)

Sir i had already proved my innocence in the court in front of Magistrate and all others... i has sufficient proofs against their fake blame on me and my family.... court has also accepted hat all their blames are fiction not real....... now i just want my wife back to live with me because my wife is not guilty. its her fami,y who is pressurising her by making pressure of their life to live without me..... because of pressure she is not able to live with me so i decide to file RCR so that i make remove pressure by help of Mediators..... but before that i just want to clear myself about Divorce without Mutual Consent..... thanks or your valuable reply....

RK (adada)     30 November 2012

Vibhor

Mutual Consent itself means when both are giving the divorce by free will. If you loves you then nobody  can stop you to stay together... Take her away from her parents house and start a new life together.

After Marriage her parents have no legal right on her.....She is your wife first and then there daughter.

rajiv_lodha (zz)     30 November 2012

And remember one thing......even if u get her divorce petition DISMISSED in due course of time:

* Appeals wil then eat away your fruitful life

* Imagine that u win til SC, even then n law on earth can force her to live with u against her will

So getting divorce or not..........living with each other is totally different.

rajesh (asdadad)     30 November 2012

i have same problem. . Read my other posts . .my arrogant FIL and her sister , mom has brainwashed her . . Since past 6 months , i hvnt been allowed to talk to my wife , whenever i try to cal her or Sms her , my FIL starts calling my father and threaten them by saying that he wud file fake cases if i dnt stop contacting her . . Then My father urges me nt to do it and leave her and just bow down to my FIL's demand as my father want to safeguard me n my family frm fake cases as none of my family members hv ever been to court in our entire life . . But FIL talks as if he was borned due to intercourse of 2 lawyers in a court trial while his mom n dad were fighting a divore case . . . Yar i hate tht bash-turd . . Tht thug threatened me wid life when i went to bring bk my wife and he did same when i had asked him if my wife hd aborted our 1st child. . Seriously i m cursing myself for nt marryin an orphan girl or a widow who atleast wud hv understood d importance of healthy married life. . Regarding ur query , i wud like 2 suggest u to ask ur wife to go for post_marriage councelling or ur common frnds, or younger relatives knwn to both of u instead of involving her parents or ur parents . This shud b ur 1st step and if doesnt work out thn only involve parents frm both sides . And i m telling u this frm my persnl exp. I tried to involve elders and they messed it up completely as both mine and her parents r frm totally different bkground

(Guest)

Can anyone tell me that if no grounds for divorce is present or no grounds for divorce is being proved in court,, than in that case what will happen.... in that case should court grant divorce or dismissed the divorced case besause of no grounds......

rajesh (asdadad)     30 November 2012

yar as i told u earlier ,i have same problem. . Wateva may u do , u , any court or neither any1 cn force any woman to live with u. . Becos i think tht u cud hu already realised tht according to gender biased ancient indian laws , all husbands r womanisers , alcoholics and wife beaters if by any chance a wife goes to court. . Try to b a man , dude . . U are nt Adam and ur wife isnt Eve . . . There are thousands of better choices available for u. . . Dnt think frm ur heart dude becos its nt an alloted function to tht body part. . . . Let me tell u a funny line in hindi . . Tum ladki k pichche bhagoge to ladki tumhara paisa lekar bhagegi .. . Magar tum agar paise k pichche bhagoge to ladki jhak markar tumhare pichche bhagegi . . .woman dnt like men who oggle in frnt of them all the time bt they like guys who r strong enuf. . .showing luv and ogglin r 2 diff things. . Luv betn a man and woman is set to b on mutual level . . Already so much happened in ur case and u still want her . I cnt understand u bro . . I m wid ur point of innocense as it applies to me also . . But u hv to understand that even if u succed in bringing her back . . Wat is the assurance tht she wont create a scene after 2-3 months and again runs away . . Do u want to spend ur life and money in court cases . . . Instead of that go for a mutual consent divorce and seperate wid ur wife for 6 months . . If she realise ur value in her life thn she wud come bk and thn no force cn dry her luv towards u . . If she doesnt thn leave her . . And tell ur mind ,hr8 tht u were running after a thing which wasnt made 4 u . . I understand tht this wud gave rise to divorce rate and in every relationship both need to b strong , patient. . . Blame it on modern time which has increased divorce rate frm 3% in 80s to 30% in todays India. . . Even if ur wife's divorce case is fake and which cn b easily prooved thn wat ur wife wud do is tht her lawyer wil suggest ur wife to file fake DV / 498A CASE on u and which wud end u up in jail and finally u wud agree for a mutual divorce . . FYI I am nt a lawyer bt after so much reasearch of 6 months , i m suggesting u this otherwise i was an exact replica of u earlier .

(Guest)

Divorce by Mutual Consent is possible only when both the spouses are willing to end the marriage. In the absence of such a consensus the only option is a contested divorce which is very difficult and takes ages to come through.

 

 

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query