• Third opinion

After speaking on the phone with two attorneys in Gujarat, I've become aware that I'm technically not divorced in India. They have given me two options. Which one is the better option? I'm a U.S. Citizen. My marriage was registered in Gujarat on [deleted]. I filed for divorce in the U.S. on [deleted]. During the pandemic, the case proceeded slowly, and I received my Certificate of Divorce Absolute on [deleted].

(Option 1) Pursue a mutual divorce. This seems like the most straightforward, but I have a feeling my wife will want compensation for the divorce.

(Option 2) Pursue a divorce based on desertion after two years from [deleted]. It's a longer wait. However, if I don't have to bargain, it might be the easier option.
Asked 1 year ago in Family Law
Religion: Hindu

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10 Answers

1. Opt for (Option 1) to save time and money. By opting for Mutual Consent Divorce, amicably all the differences between the husband and wife could be resolved, such as division of assets, custody of children, returning of streedhan. After obtaining Mutual Consent Divorce, you can start your life afresh and can remarry a girl of your choice also.

2.  On the other hand if you opt for (Option 2), which is time consuming and by the time you come out of the marriage, you would have wasted your precious youth, time and money.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Best option is to file for divorce by mutual consent 

 

2) it takes around 6 months 

 

3) if wife is not agreeable for divorce by mutual consent file for divorce on grounds of mental cruelty 

 

4) you have to prove allegations f mental cruelty 

 

5) please take note that contested divorce proceedings take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Your lawyers in India have opined properly.

The options given to you are also perfect.

You can choose either of them whichever is convenient to you.

The grounds of desertion clubbed with cruelty would be a strong case if she is not agreeing for mutual consent divorce

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

The divorce was granted to you ex parte. Hence not valid. For mutual consent the other party must be ready. If she is not then a contested divorce is the only option.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Did you wife contest the divorce case in USA?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes both the options are correct

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

  1. Obtaining divorce on the ground of desertion is not a simple matter for the  following reasons…
  2. Such desertion should not have been induced by the conduct of petitioner.
  3. It should be without reasonable cause and without consent or against the wishes of the  
  4. To establish such desertion is not with tacit consent of petitioner, he/she has to prove the measures he/she has taken to call back the  
  5. It is easy for the respondent to establish that he/she was forced by respondent, as simple deposition of respondent in Court to that effect is sufficient.
  6. In a contested divorce, Court invariably awards handsome alimony which may be more that what can be settled in MCD.
  7. Best option for you is to MCD where you will be having some control on amount of alimony.
  8. Filing a contest divorce may provoke wife to seek other criminal and civil remedies against husband and his family.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

did your wife participate in the divorce proceedings in the USA?

if yes then she would be precluded from demanding further compensation when you go for a mutual divorce in India

so try the first option 

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

- You can take her consent for mutual divorce , if your both are residing in US 

- Further, if she refused for MC , then file a contested divorce there , but the decree of divorce will be valid when she will contest the case there 

- Further , you have also option to file the cases in India as well. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Client,

I would suggest that if you are okay paying the compensation, you should go with the 1st option as it is quit easy process and also quick process.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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