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Ramita (student)     02 August 2010

What after 6 months of filing Mutual Consent Divorce ?

Hello
I filed a mutual divorse petition in Delhi Patiala court in January 2010 to which both my husband and me signed in presence of judge. We have no kid.

Now after 6 months, on the second hearing the guy is not ready to come, rather he is playing foul saying that he will drag the case for years.

What can I do. I have already been through lot of harassment and the trauma doesnt seem to end.

Please advise.

Ratika



Learning

 5 Replies

Kiran Kumar (Lawyer)     02 August 2010

i agree with Mr. Prabhakar

 

otherwise the trouble is as per latest SC judgment the presence of both the parties is must on second motion.

 

pls tell us is there any criminal proceeding pending against the husband or it was straight way compromise for divorce?

Ramita (student)     05 August 2010

Hi

Thanks for the prompt response. There is no criminal case pending beofre the case. It was a fraud marriage as the guy's side lied from anything to everything.The guy is basically mentally unstable which I discovered immediately after marriage and we have never stayed together. Now its been 2 years dragging because their side have been harassing us.

We  just want to get rid of them at the earliest possible. Finally they agreed to have a mutual consent divorce on the condition of not returning any dowry stuff too !!!

This is how we filed a MCD petition to resolve the matter at the earliest. But I am not sure what more do they want now since they are not responding to anything. My lawyer says unless he comes, we cant do anything. My lawyer also advised me to proceed with ex-parte divorce.

I heard ex-parte divorce is challengable in higer court. What is the way out for me at the earliest possible. My life and my parents life has become miserable. This guy is such a maniac that he declared himself being dosowned from all property and wealth share from his parents fearing that I may ask for any alimony. He has also filed an FIR that my parents might try to harm him.

What we need is an early redemption from him. Is there no way I can do it. We are even ready to forget all dowry (gold, cash, car and what not) given to them.

Please advise.

 

Thanks and regards

Ramita


(Guest)

Kiran sir,

Could you please enlighten.  If there was Criminal case pending would it have made any difference?

A.Lawrence Peter Shaw (B.A.,B.L.,)     21 August 2010

 Not waive statutory peried A I R 2010 SC 1384


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