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Author Topic: Divorce - Mutual Consent  (Read 769 times)

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Offline AD_23

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Divorce - Mutual Consent
« on: May 10, 2016, 05:52:07 AM »
Hi,

My husband and I have been married since 2013 and separated for the last 6 months now. I spoke to him and told him that I would like to file for a divorce based on mutual consent. He said ok and asked me to let him know what needs to be done. So spoke to a lawyer and as advised informed him that we would need to file a petition in court and so on and so forth. Ever since I got back to him its been over a month now he refuses to answer my calls or responds to my message. I have no clue what to do and why this sudden silence. I even informed him that I am willing to meet and talk about it yet no response. Tried to contact a friend of his who also got back to me saying he didn't say anything. I have completely run out of patience, can someone advise me on what further steps I need to take in order to get a divorce from him. Further I am a Christian so we only got married in the church but never registered the wedding , do I still need to file for a divorce? Any advise is greatly appreciated.

Thanks.

A

Offline rajgopal sripathi

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Re: Divorce - Mutual Consent
« Reply #1 on: May 10, 2016, 07:26:59 AM »
Hi
it looks like your husband is not willing to file a MCD.
You should proceed to file a contested divorce application in the court and probably as court proceedings progresses, a MCD can be filed later.
proof of wedding- if you have not done the registration in registrar office but have marriage photographs it should be good enough.
Even if you have the marriage certificate from church that is sufficient to file a Divorce suit.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline AD_23

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Re: Divorce - Mutual Consent
« Reply #2 on: May 10, 2016, 09:14:52 AM »
Thanks Sir, this is helpful; just a clarification on the marriage being registered. Since we did not get registered, is it even required to file for a divorce? can I go to the church and get the marriage annulled and will that suffice? or should I also file for divorce in the court. Please Advise.


Offline advjaibansal

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Re: Divorce - Mutual Consent
« Reply #3 on: May 10, 2016, 10:58:57 PM »
Dear Ma'am,

You don't need a marriage certificate to file for divorce. Church marriage is more than sufficient to file for divorce,  i hope you may have marriage photograph or certificate issued by the church for the marriage. Rather than filing for divorce, please file a complaint for cruelty in the concerned women police station, I hope once the notices issued by the police station received, he may come forward for MCD.

If nothing happens then you are left with only option to file for divorce on the grounds of cruelty against the husband on contested grounds.

Earlier the church annulment was valid i.e. more than 20 years age or little before. For the reasons that church never recognized divorce. Hence Indian Divorce Act for christians came in picture, which is applicable to christians. Your divorce will be also filed under indian divorce act.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: Divorce - Mutual Consent
« Reply #4 on: May 11, 2016, 08:01:21 AM »
Hi
Unfortunately only courts have the powers to grant divorce under The Indian Divorce Act 1869.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

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Re: Divorce - Mutual Consent
« Reply #5 on: May 11, 2016, 02:30:50 PM »
Thanks for the inputs, just to clarify what happens if I file a case on cruelty in the cops station. What is the process? and what are the factors that can be classified as cruelty.

Offline advjaibansal

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Re: Divorce - Mutual Consent
« Reply #6 on: May 11, 2016, 08:13:57 PM »
Dear Ma'am,

Please consult a lawyer with all the facts of the case, who may help you in this regard in drafting of appropriate complaint fitting into the provision of law. There is no set formula for defining cruelty, it differs from case to case.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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