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tanisha   28 May 2015

Want mutual consent divorce but the other party is harrassin

Hi Experts,

Badly need your advise.

Married to a guy in India last and then we both went abroad(we work for different companies).After sometime his behaviour became hell for me and he asked me to move out, his parents called and asked to make my arrangements, I was also fed up and moved out.We decided formutual consent divorce but now his family and himself are not at all responding.Thy are not lifting calls, when we are going to meet them, they are not meeting.

Me being a working women, is reluctant to opt for the lengthy divore proceduure other than mutual one.He has already spoilt 2 years of my life,I cant leave my job as I dont come from a much priviliged family and want to continue my job.On the other hand, he isfrom a well to do family.They have mentally harrassed me like anything during my period abroad and are continously doing by stretching things like this.My whole family is helpless and panicked like anything.

What steps can I take which can expedite my separation without falling into the court's lengthy procedure.

 

 

 



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 17 Replies

saravanan s (legal advisor)     28 May 2015

if mcd doesnt workout then there is no other way except going for contested divorce.you can claim maintenance under sec125 and also maintenance pendente lite  and expenses of proceedings under sec24 hma to maintain yourself

Shantanu Wavhal (Worker)     28 May 2015

one needs divorce ONLY FOR GETTING REMARRIED.

MCD is the ONLY easy option - it takes 6 months for 2 motions.

there is no other provision than CONTESTED divorce. i.e. u will file divorce case - he will oppose - the battle will go on and at last someone / no one will win.

 

other criminal cases &/or maintenance cases have nothing to do with divorce case.

advt Mukunda muniyappa (advocate)     28 May 2015

both are correct, only MCD is the way, try to speak and convinece for MCD for fast relief.

advprasad9028707127   28 May 2015

In legal point of view all above discussion s r right. In indian judiciary,No any other or indirectly way for filing mutual divorce petition except to harass ur husband by filing other litigations. However i would say if u r in abroad like UK, USA try to get ex party divorce there. You can easly get divorce there and enjoy ur life. If ur ex husband blames u for adultery it would be creation of new groung for divorce in india again.

rajuchowdappa   28 May 2015

Mrs.Tanisha As my learned advocate brother had given much advice on your enquiry. So, if you want further legal assistance you can contact me 9738465552.

Saurav (Engineer)     29 May 2015

Originally posted by : tanisha
Hi Experts,

Badly need your advise.

Married to a guy in India last and then we both went abroad(we work for different companies).After sometime his behaviour became hell for me and he asked me to move out, his parents called and asked to make my arrangements, I was also fed up and moved out.We decided formutual consent divorce but now his family and himself are not at all responding.Thy are not lifting calls, when we are going to meet them, they are not meeting.

Me being a working women, is reluctant to opt for the lengthy divore proceduure other than mutual one.He has already spoilt 2 years of my life,I cant leave my job as I dont come from a much priviliged family and want to continue my job.On the other hand, he isfrom a well to do family.They have mentally harrassed me like anything during my period abroad and are continously doing by stretching things like this.My whole family is helpless and panicked like anything.

What steps can I take which can expedite my separation without falling into the court's lengthy procedure.

 

 

 

File 498 et al. They will agree for MCD.

innocenthusband   29 May 2015

^^ Saurav, you must be banned for making this comment.
1 Like

Adv Aneesh Trivedi 9424449500 (Advocate)     29 May 2015

the people like sourav are cancer to matrimonial society instead of giving good advice they are trying to hang up both husbnad and wife in long legal battle and giving the advise to file false case in hindi such people are like DALAL or DALLA's who gave wrong advice to innocent women and tried to enjoy their life,,, if this is the case better they beg rather than giving false case sugestion... only such type of people misuses the laws..... and fool women follows them... serious cancer to society.... should be removed and banned from legal forum.

1 Like

Law_Learner (Asst. Mgr.)     29 May 2015

hi,

I won't go to the extent of saying what 498A fighter did however the advise given is an ill one. I dont understand why women are advised to file false cases at first place?  Had it been a case of a man he would have been advised to remain silent, do nothing and watch girl's move. Pathetic System.

LL

Krishna   23 August 2015

hi Tanisha , I am in similar situation , I don't want to put false cases & wish to get out of marriage amicably because I am working as well and don't have time to invest in court proceedings ,please let me know if you have found solution or a good lawyer.

I walk alone (Asst Manager)     24 August 2015

@ Krishna & Tanisha

Condolences!

You've already been suggested the way outs from your martial problems..

Now it depeneds upon you, what your intentions are,

from my point of view, MCD, put money needs aside if you're already working and earning handsome & if you dont have a kid from this marriage.

SuperHero (Manager)     24 August 2015

If both doesn't want to live together, they want to get divorce. MCD is the best. 

Why would one person not respond for an MCD is a million dollar question.

Did you demand for any alimony??

Time and Tide waits for None.

Krishna   25 August 2015

I did'nt ask for maintainence,except gold given by my parents and expenses done by them during marriage and he never raised any concern on that.We were ready to waive settlement amount as well,it's not about money,he is absconding because i know some wierd truth of his life and he is scared that i might disclose that after divorce. I dont know how to assure him that I am least bothered about his life n relations now.

SuperHero (Manager)     25 August 2015

@Krishna - Sorry for what you are going through. But looks like no other option except to file a Contested divorce or may be get an exparte if he doesn't respond.

As you are aware Courts are delay centers. Try to get a good Lawyer and file the case. May be you can give POA to your Parents and they can handle it for you.

Also since you are in abroad you may easily get an exparte there, but remember it is not valid in India.

For Marriage or Divorce both has to agree, then it is easy.

Pray to God sincerely with Love and Devotion. Wish You Good Luck.


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