The girl seems to have backed out of mutual divorce, in which event the only remedy available to you is to adopt the remedy which you had availed initially i.e to file for annulment of marriage.
Next day of marriage, girl affair comes out, so filed case as nullity
I got married on 11th jan2015,next day of marriage boy comes in my home and said i love you wife and we have affair since 2 years.we have taken written statement from boy and gal that the were having affair before. According to that we have filed a case for nulity of marriage and under fraud done by girl by not disclosing her affair.we got 1st hearing on 16 march 2015. on 16th march 2015 ,girl parents have agreed on mutual divorce,and we both party have decided to go mutual divorce .but as per the judge ,we need to have atleast 1 ear of time period for mutual divorce. so both party written staement were taken and next date as 18jan2016 were given (to get eligibity for mutual divorce).but on 18th jan2016 the girl is not appeared in court .seems like she will not attend in future as well. Please suggest me for next step to take
Asked 8 years ago in Family Law
Religion: Hindu
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7 Answers
yes but how much time again it will take for the result,because its already been an year and almost we have reached to the result,is there any way to call the girl for hearing or with her presence also judge can give the result
Asked 8 years ago
1)your application of nullity of marriage has been converted into divorce by mutual consent
2) if girl does not appear your petition for divorce by mutual consent would ultimately be dismissed
3) the presence of both parties is necessary for divorce by mutual consent
4) in the event your petition is dismissed you have to file fresh petition for contested divorce on grounds of mental cruelty
The time frame cannot be predicted by anyone, but you should be prepared to invest around 2 years in the legal process.
Hi, As per law girl has to give statement voluntarily and if she not ready to depose the matter before the court then you can't force her to give statement
2. You have to file a petition for annulment of marriage based on the statement given by the girl in the court and also on facts of the case.
You may file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 or filed an annulment petition u/s 12 of HMA before district Court/Family court after withdraw the Mutual Consent Divorce based on Non-appearance of the wife which is also come under the cruelty.
First of all you should confirm whether you have filed a petition seeking dissolution of your marriage with her on the grounds of mutual consent, if not then how can you expect the court to give you the desired relief automatically.
If she has not turned up on the day to file a joint petition seeking divorce on MCD, you do not have to wait for her consent anymore and can proceed with the filing of divorce on the grounds o cruelty and adultery. The previous agreement between you both for MCD shall be a sufficient evidence to prove your allegation and reasons for seeking divorce from her.
yes but how much time again it will take for the result,because its already been an year and almost we have reached to the result,is there any way to call the girl for hearing or with her presence also judge can give the result.
For mutual consent divorce, you may have to wait for the second motion which shall be after six months from the date of filing, i.e., first motion.
If she is not cooperating for mutual consent divorce, then you may have to file a contested divorce case only, this may take two years also based on the various factors that decide the conduct of the case.