• Mutual divorce

Sir, i am a govt servant and married to another govt employee in may 2017. She have another affair with some another. Then we decided to apply for divorce mutually.we had applied for the same in may 2018.and judiciary ordered for observation period of 6 months. Now she is not willing to give the divorce as she wants to stay with me.we had seperated since nov 2017.
I want to get divorce from her 
What should i do and how could i proceed further
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

Hi, in a mutual divorce petiton if she refuses to give statement on the 2nd motion , the decree will not be passed .. However you can file a contested divorce petiton against her on the grounds of adultery

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) In case your wife with draws her consent your petition for divorce would be dismissed

2) You can file for divorce on grounds of mental cruelty

3)Contested divorce cases take 5 years to be disposed of

4)you have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If she not giving her consent for mutual consent, let this case be dismissed or withdrawn.

If you have decided that dvorce is the way out for you, file a case of contestd divorce against her on the ground of her extra marital affair.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir if she fails to appear for second motion for mutual divorce.the same will fail and no.divrce.shall be.grnated.

Then you have to file a.comtested divorce under section 13 hindu marriage.act.on ground of adultery and cruelty. And has to proceed further on same

Further though since she is earning maintenance can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No she is not entitled to any maintennace since she is earning and can maintain herself.

No mutual consent is not ex-parte it shall be cancelled/dismissed.

No without divorce you cannot marry .

There can be criminal charges of bigamy. Yes there can be problem for job

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If there is substantial differences in your income then only wife would be entitled to maintenance

2) if she fails to attend court then cou t would not give you exparte decree

3)presence ofwife is must at time of second motion for divorce by mutual consent

4) there would be no problems in your job

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If she is earning enough to support herself you cannot ask for the maintenance but amatuer consented divorce petition can be contested when the other party is not appearing in the court to get it ex party divorce.

This is your life and you have to decide if you want to stay with this wife I want to go ahead with the divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If she earning as well and is capable enough to sustain herself, she is not entitled to any maintenance from you.

You can remarry only once you get divorce.

If she will not turn up for the second motion, the court may at its discretion dismiss the mutual consent divorce petition/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. if she does not appear on the second date of hearing then you go ahead and file a divorce on the ground of mental cruelty as per the Hindu Marriage Act

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If she files a case of maintenance, then you take the defense that she has the capacity to earn and therefore no maintenance be given to her.

There is no ex parte thinng in MCD, if she does not come then the MCD will fail and you will have to file a contested divorce.

Second marriage during the subsistence of the first marriage is an offence nad would not advise you to do so.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You are informed that if she is refusing for divorce, the court may not exparte divorce under conditions of mutual consent. You may proceed for divorce on other grounds. Even if she asks maintenance, the same may not be granted. You are suggested to have strong determination to face everything and these things generally don't affect service career except frequent leaves for attending courts.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

In case of mutual consent divorce both parties should have equal consensus! Without your wife consent you can't go ahead.Again MCD should not be forceful either any party. You can proceed for divorce on the ground of your wife's adulterous relationship

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You cannot force her to give her consent for divorce, if she is not willing to continue with this cae then you can withdraw the same and file a contested divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can prove her employment and salary income which would make her ineligible to claim maintenance.

Without getting divorced you cannot marry another girl, hence you may have to undergo the strenuous and time consuming divorce process.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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