Legal Question in Family Law in India
Divorce law & it implications in India
Dear Sir,
I was married on the 29-Dec-2006, But due to over indulgence of my wifes family in my family we developed a strained relation and now we filed a divorce petition in Gurgaon Court, as she never stayed with me she is staying separately since 15-April-2007 as per the petition filed my mutual consent on 08-May-2008, I signed the petition only because they were threating me and my family that they will implicate me in dowry harassment case so I signed and paid her 2.17 lacs and all the items which were gifted in wedding. I am not ready for divorce at all as my wife is under influence of her parents. According to Law of India there has to be minimum period of 18 months that husband & wife should be staying separately but in our case she just stayed for 3 Months & 15 days according to the petition filed; out of which we went for Honeymoon for 20 days and she stayed for about a month with me as she kept going for her mothers home as before marriage they staying in Noida but after marriage they migrated to Gurgaon for making my life hell & now our divorce decree is scheduled for 17-Nov-2008. What will be stand of court will the divorce be granted? I feel cheated as they have cheated me? Can I file a case cheating against them?
3 Answers from Attorneys
Re: Divorce law & it implications in India
There is no cheating involved. You cannot file a case of cheating on the facts disclosed.
The divorce appears to have been properly filed. However, you will be given liberty to withdraw from divorce on the next date fixed in court; If you withdraw the consent, it may become difficult for you to obtain divorce later; and your withdrawal may constitute 'cruelty' on your wife. therefore, you need to be careful; in your own interest, you may want to seek divorce on the next date i.e. nov 17 and settle the matter for all times.
however if you and your wife consider that divorce is not appropriate and that you can still live together, you two can withdraw the divorce petition even before the date fixed.
Re: Divorce law & it implications in India
as far as the time period of presenting the divorce petition by mutual consent is concerned, the courts are liberal enough to waive the statutory period of one year separation and 6 months of presenting the second motion. in case you not ready to divorce her, you lawyer may appraise the court of true facts and get the matter delayed. your lawyer may also request the court for sending the matter for mediation and you stand good chances of getting back your wife. gurgaon courts are liberal enough to send the matter for mediation instead of hurrying up the divorce. u may call me for any clarification in future at 9811284735
Re: Divorce law & it implications in India
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