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Mutual Consent Divorce in Delhi - We provide fast, cost effective & Hassle free solution...Click here for details
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Quote09.05.2011 01:590 people like thisLike
 

Me and wife got seperated after 20 days of marriage and has been staying away from each other for past 1.5 yrs..her parents sent her for further studies in other city in india and we have not been talking since last 1.5 yrs..i want to go for mutual consent and has have their relatives to talk to them..in the meantime..i want to purchase a home in other city in next couple of month...will she will be eligible to claim anything in this house as I am buying after sepeartion but yes not after actual mutual divorce..pls adivce whether I should go ahead and buy or wait till this matter is resolved..thanks for your help in advance..legal

Quote09.05.2011 05:540 people like thisLike
 

Legalmatter,

 

You can definately buy the house in your name and/or in joint name with your parent. She has no right on the house that you purchase with your money.  You should go ahead and purchase the house. She only has the right of residence and that too where you stay, not the right of ownership, if she is not the co-owner of the house.

Regards, Hardik Mehta
Quote09.05.2011 06:170 people like thisLike
 

Many thanks for your reply Mr. Hardik.. one more question..is it true that when we apply for mutual consent divorce..we can also send one application to court asking to waive off our 6 months period as we are already seperated for past 1.5 yrs anyway..Does court accept such waive off application and approve divroce in couple of weeks instead of waiting for 6 months and then get divorce..

Quote13.05.2011 05:521 people like thisLike
 

LegalMatter,

 

This was the practice before, but now this has been stopped after the judgement from Supreme Court. There has to be 6 months mandatory cool of period required in Mutual Consent Divorce.

Regards, Hardik Mehta
Quote06.06.2011 06:450 people like thisLike
 

Sorry I got late in replying thank you for your reply. Was stuck in those stupid matter..

Now as I said earlier, me n my wife stayed together for 30 days after marriage in OCT 2008 and since NOV 2009
staying seperate till now. almost 1.5 yrs wife's side has till not anything legally against us (498a) or anything else.
Few days back I came to know that they have some doctor's report stating of Martial Rape on her daughter. I read the definition of martial rape and it says we should be seperate and then if I attempt then only it is applicable (IPC 376A).

Now we never staying together for last 1.5 yrs..she is with her parents and I stay in the city I work. I never met her nor did I attempt to talk to her nor there is any written communication. Even after sometime she went to her further studies in other town.

 

Question:

1. Can they put Martial Rape case against me along with 498A..after 1.5 yrs..
2. What will be intensity of those cases, will this be treated as planned as current she is outside of India
3. What I should do to courter those allegations

You advice is much appreciated.

Thanks,

Quote06.06.2011 07:381 people like thisLike
 

Legal Matter,

 

1. Marital Rape is not valid under IPC 376. Till she is your wife, you have the right to co-habit and is not considered rape.

2. Dont worry for the same as this case will not stand in the court.

3. If such cases happen then this would be additional threat to husbands with 498a and DV and will be widely misused. So these cases are not entertained.

 

Dont worry for the same. The police will not register the case of marital rape. This is not the law.

Regards, Hardik Mehta
Quote08.06.2011 12:500 people like thisLike
 

Many thanks again for your reply.

 

I understand that almost after 1.5 yrs of seperation their allegation will not stand much valid.

 

regards,

Quote17.10.2011 14:480 people like thisLike
 

Thank you Mr. Mehta for all your guidance.

 

finally I managed to file mutual consent divorce. We agreed to some alimony and exhanged ornaments and stuff and signed a MOU and notarzied stating that we are doing all this and r ready to file mutual petition.

 

Now we did file a MCD in court last month and I have receiving threats from wife side that they will withraw the case or will not be present in the court after 6 month of cooling period they want more money. Is there possibilty that she can withdraw case so easily for harrassing me..is there any counter measure I should take...

 

I tired from one of the lawyer that these days it's not so easy for any spise to withdraw case so easily they have to have valid reason and court must be satisfied with their reason for withdrawal.

 

Thanks again for your help...cheers..

Quote18.10.2011 21:150 people like thisLike
 

As long as you guys are married, what you own is half of hers. So you must legally end your relationship with each other.

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Quote20.10.2011 05:540 people like thisLike
 

I would suggest you to record the threats and file the case against her for the comtempt of the court and according to the Indian Contracts Act. If you have not given the money, then take the draft to the court on the second motion. If she does not come, then you can file the case of divorce on the grounds that the MOU was flouted and the opposite side has not come forward and demanding more money. This is cruelty.

Regards, Hardik Mehta
Quote20.10.2011 13:090 people like thisLike
 

Thank you Mr. Mheta for your kind advice..they have not thretean us directly for me to record things..they are indirectly saying through different people..

I do have MOU signed an notarized so hopefully court will understand my position.

 

Regards,

Quote21.10.2011 05:470 people like thisLike
 

Dont go for indirect threats, they are just been there for you to put in pressure. If the MOU has been submiitted in court than she cannot back track the same. Dont worry.

Regards, Hardik Mehta
Quote26.10.2011 11:350 people like thisLike
 

Thanks Mr. Hardik,

 

MOU is signed but they didn't agreed to submit MOU along with mutual consent petition. I got cooling period of 6 months and got feb 12 date to appear in court.

 

If she is not available in court or pull the petition what action should I take or still she can't pull the case as they know we have MOU.

 

Thanks again for your guidance.

Quote27.10.2011 05:220 people like thisLike
 

LM,

 

Are the contents of MOU present in the MCD petition, especially the financial matters and exchange of articles? If yes, then there is no need to worry. She will come for the second motion in February. Till that time, just keep cool, and if she does not come, do not withdraw the case. This would be un-necessary at this stage.

Regards, Hardik Mehta
Quote29.10.2011 06:560 people like thisLike
 

Yes the content of MOU is mention in MCD so I am okay at this stage.

 

Thanks again.

Quote01.11.2011 00:100 people like thisLike
 

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Quote01.11.2011 00:120 people like thisLike
 

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