• Divorce

Respected Sir,

I got married last year on 14 th feb'14. The marriage was against my wish. Since day one I didn't talk to d girl and not even had any physical relations with her. I left my home town after 5 days of marriage. Afterwards I went for two days in June'14.  Since October '14 I'm not even in India.  My question is since I'm not staying with my wife from last one year. Can I file divorce on mural consent. As our legal house of marriage is not created between us since day one. Also can i get six months cooling period waive off. As I don't want to consider my decision. Also as I'm not staying with her is she can file case of dowry, as they had threaten us about d same in month of June. Court also consider emails as proof. As on email she confirmed that I never tortured her.
Asked 2 years ago in Family Law from Maldives
Religion: Hindu
1. Were you forced to marry? If yes, who forced you? What is the nature off force exerted on you?

2. Mutual consent divorce can be filed only if your wife also agrees to end the marriage as it requires the signatures of both the spouses. 

3. If she refuses to file for mutual divorce then you may file for annulment of marriage. 

4. The cooling off period cannot be waived except on a joint motion.

5. She cannot prosecute you for dowry if you have not stayed with her. However, if she does succeed in filing the criminal charges against you then the court will grant you sufficient opportunity to contest and rebut her cases.

6. E-mails can be considered by the court.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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Hi
1. You can fie for mutual consent divorce , with your wife a joint petition can be filed.

2. The 6 months time is a mandatory cooling period, court consider it only on special circumstances the wive off of this 6 months.if there is already an existing  divorce filed y either party  , then that can be converted into mutual consent, there you will get a the 6 months period waived off.
3. The emails are proofs but in mutual consent divorce you do not need them. Use it if she refuse for mutual  consent divorce . Then your option is to move ahead with an independent  petition for  divorce on cruelty grounds.
have you spoken to her is she willing to sign on mutual consent divorce?
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
1) if your wife is agreeable you can file for divorce by mutual consent . 

2) you can file for divorce either where marriage has been solemnised or where you stayed after marriage or where wife is currently residing 

3) six months cooling period wont be waived of 

4) wife can file complaint under section 498A for dowry harassment . you have to obtain bail and contest it on merits 

5) emails are admissible in evidence 
Ajay Sethi
Advocate, Mumbai
27419 Answers
1491 Consultations
5.0 on 5.0
Hello,
1) You can certainly file for Divorce by mutual consent if you and your wife have been living apart for an year and had no marital relationship.
The consent of both the parties as suggestive of required.

2) Unfortunately in a divorce by mutual consent you cannot get the 6 month's cooling off period  cannot be waived off.

3) Even if you are not staying with your wife she can file a case under dowry harassment and domestic violence. Therefore getting consent of wife is the most important fact if you want to file for divorce by mutual consent.
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
5.0 on 5.0
MCD can be filed by both the parties only if they agreed to divorce u/s 13 B of Hindu Marriage Act-1955

six months cooling period can be waived off.

she may be file
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
If you state you have evidence to proof that you are not staying with her then even she files false case against you, you can easily defend yourself.
Yes, you can file Mutual consent divorce, however she will also have to agree to sign the same. Please note that Mutual Consent divorce is  a joint petition which is required to be signed by both the parties.
No, cooling period of 6 months cannot be waived off.  
Sudershani Ray
Advocate, New Delhi
192 Answers
29 Consultations
4.9 on 5.0
1. You two can file a mutual consent divorce petition only if both of you agree to have the ecree of divorce and not because you are not staying with her. You have married her and she is your wife. Your statemet, if made before any court on any occasion,  that the marriage  was solemnised against your wish, then it will go against you since your this marriage with has ruined the life of your wife without any of her fault,

2. You have no ground to file a petition seeking a decree of divorce,

3. On the contrary she has lots of avenues to take you to court including filing 498A complaint, DV case praying maintenance and seperate accomodation etc.,

 4. She can also file a divorce suit against you claiming substantial amount as alimony.
Krishna Kishore Ganguly
Advocate, Kolkata
13612 Answers
293 Consultations
5.0 on 5.0
Hi, if she agree for divorce then go for divorce by mutual consent and if she files a  petition under domestic violence then burden of proof lies on her to prove the same so has to prove the same before the court and it is difficult to prove the cruelty also.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0

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