Wife is not ready after filing 13b mutual consent divorce

you can file divorce based on her affair ...it amounts to adultary..

I agree with Mr.Asish.  I further elaborate. The society forced you both to marry, when you both were not willing.  You should give her the credit that she disclosed the fact about her affir with the boy friend before marriage.  A person with such honesty can become a good life partner, if she starts to love you and you will not take so seriously about the chastity, which predominates the indian psyche.  Now, I come to answer your legal questions.

As she is not willing for MCD, you can go for contested divorce.  Adultary cannot be a ground as that was premarital affair.  Similarly desertion is not a ground as two years mandatory period is not over.  But you can contest the case on the ground of cruelty, as she is working in Hyderabad and not discharging marital obligations and your knowledge about her pre-marital affair and her refusal to have s*x with you and her refusal to come to NOIDA to put up with you.  Once, the case is contested, after receiving compensation, she may agree for MCD.

Thanks for the suggesations. During the maarige time she only initiated to get married before telling her affir to me and that time also she was not sure whether to get married or not. I asked couple of times before the marriage whether she is ready or not she hide everything. After the marriage we live together for 6-7 days only. We lived separately for couple of months and then i got to know that she wants to go with someone else, so we came to a conclusion and filed the 13B case on Aug 2011. But now she is refusing to setle down the case, bcz the other boy not ready to marry my wife. So my wife dont hv any options and thats why she wants to continue with me but i am not ready. She is a mad girl, with what intention she wants to continue with me god knows. She is kinda a mental, she not able to decide what she wants. I asked her whats the reason you want to continue with me, do you love me or like me or u can't live without me, but she did't give any reply. The only tyhing that comes to muind bcz she desn't have any other option thats why she want to continue with me. Even my parents and her parents not ready for this marriage anymore.

As now she is not ready to resolve MCD, its almost 8 months over we filled the 13B case.

If i initiate contested divorce case then do i need to backout from my previous MCD case?? On which ground i can file the contested divorce??? How many months or years it will take to get it resolved.

@Author, u told in your first post that ..Before filing the case she informed me that she had a affair with some other guy who is working in the same company and she want to continue,

you filed the after almost 14 months of your marriage.At that timre also she was indulged with affair.I dont know this amounts to adulatry or not!

 

from the date of first motion, 18 months time will be given to both parties for recording second motion. As it is only 5 months since the recordng of first motion, you continue to pursuade her for second motion trying to understand without pre-conceived notions that what is obstructing her for coming to second motion. Either it is money factor or insecurity or change of mind to stay with you but with a fear that you know her past. If you know the real reason then you can move in such a direction to cajole her for second motion. If MCD efforts fail, you have the option of contested divorce case. If she has the extra marital affair after your marriage, then it is also a ground for divorce (some experts feel that it is difficult to prove this ground). If this ground you want to rely along with other grounds, you have to aver her friend as respondent. You can also file a criminal case under section 497 against that man. But that is not relevant in your case as your intention is only to get peaceful divorce and settle in your live without having any revenge element in mind. The contested divorce case at the trial stage takes minimum 3 years.

And believe me, based on ur facts, contested divorce is almost impossible.

I met her and discussed whats stopping her to come to court to settle down the case, what i understood during the conservesationshe is not ready to give me divorce. 10 days before she called me asked to return all the items gold, money etc, i also told her its fine i am ready to return every thing. Last month we r suppose to go to court for counslation but just 4-5 days before she told me that i am not able to come to court due to some urgent office work. I will come in the next counsiling date. I am fedup with this girl she is doing the same for last 3 months, giving some stupid reason and not coming to the court and my advocate changing the dates. SO i went to her place to discuss face to face, during the conversation i got to know she is a frekle mind girl, she dont know what to do, she is simply playing with life. She is not ready to come to court to settle down. I tried to convince her, but that of no use.

I am planning to withdraw my 13B case and freshly file a contested divorce case. Thats the only option i have to get rid of the issue. Is there any way if that girl write and give me some no objection letter then can i plan for a second mariage, i know its difficult, but still require some suggesations.

Can anyone plz give some suggesations, i am desparetly waiting experts openion. Please help me give some direction, bcz i suffering a lot bcz she is not ready for MCD.

If u have missed MCD bus, GO FOR CONTESTED DIVORCE on the grounds u see fit!

Is there any way if that girl write and give me some no objection letter then can i plan for a second mariage, i know its difficult, but still require some suggesations.

NOT AT ALL

I am planning to withdrwa from my MCD case and to file a new CONTESTED DIVORCE case based on the reason as cuality, thats the only window open for me.

For CONTESTED DIVORCE filling what all evidence are required and approx how many years normally it take a get a divorce.

During that time can the girl can file any other case against me? 

First go and try to get divorce in MCD as ex parte. There are few judgments. So first try these judgments, if u did not succeed then you have to prove her cruelty before law only then u will get divorce and in the mean while she may file number of cases against u.

Good 'Luck.

adv.kamal.grover@gmail.com

9814110005

 

Last month i went to court  for counseling and she also came. The counselor asked to both of us related divorce and infront of the counselor she denied and told that she wants to continue the marriage, so counselor asked why you filled the MSD and the reason you have mentioned on the MSD, she told that my mind was not stable at that time and due to some ego factor i filled the MSD but right now i don't want divorce. After listing the point the counselor said then this case will be dismissed and i clearly told that it's better to dismiss but don't know what happen and the counselor again gave a new date after 3 months.

 

Infront of the counselor she denied every thing and tried to save her face by saying that she was mental at that time and also not aware of what all things written on the MSD paper and she just signed and also told that i forced her to file the divorce, this is just a stupid thing that nomally the peoples do if they want to backoff and to save their face. I defended and told to the counselor if she not aware of the MSD points written and she was mental then how she is working … a mental person can't work in an IT field, i told to the counselor that her parents also aware of the MSD and infront of them only we both filled the MSD so the counselor asked to call their parents.

  The counselor asked the same question to their parents what they want and bat the MSD case, but their parents also did the same crap thing, they kept silent didn't open their mouth bcd being silent is the best weapon for a human being.

 

I have decided not report in the court in the next date bcz this case not going to resolve anything anyway if i won't attent then it will be dismissed as per the counselor. But what's next for me..

 

Please help me and guide me what can i do, literally i lost all the hope not getting anything how to come out from this mess.

settlement  & MCD IS BEST CHOICE :

Next is Contested Divorce Petition, will take years , if u r not in hurry. 

As per the last months counseling its quite impossible i don't think so MCD going to be workout, because she said she doesn't want the divorce.

I think i have to go for Contested Divorce Petition once the MCD case going to be dismissed after few months. Can you please let me the know on which ground i can file the Contested Divorce Petition and how many years i can assume that i have to wait, i know its difficult to say but as per experts exeperience when it be possible to get divorce if i file Contested Divorce Petition.

During that what she can do i mean what all differnent case she file against me.