Asked in Divorce
Dear Sir, If you are not willing then no divorce would take place. You can convince your parents and continue your martial life with that girl.
in a mutual consent divorce, after moving the first motion together, the second motion can only be moved after 6 months to get decree of divorce. During this 6 months if she changes her mind and desire to continue her married life then the petition needs to be withdrawn. However, if the petition is not withdrawn, then in your second motion you make a submission to the court that you don't want divorce and the MCD petition will get dismissed. But this does not mean an end to from legal battle, she might file a contested divorce petition on the ground of cruelty. If that happens then you've to enter and contest her divorce case. This might take years, before a decree of divorce is finally pass. I guess this long struggle for divorce will frustrate her parents and might change the minds of her parents and accept you as their son-in-law. If that happens she should withdraw her contested divorce petition before a decree of divorce is delivered by the court. Time kills all hatred. Just work on that and you can save you marriage. Alternatively, if she has left the matrimonial house of her own free will without any reasons, then you can file a RCR petition and get a decree of RCR from Court or file a writ petition of habeas corpus directing her parents to bring her to before the Bench (High Court). An her appearance the Bench will record her statement and if she desire to be with you, you will get her custody from her parents.
Answerd by Adv kavery Anand Bangalore.. sir if u already married and u have marriage certificate with u ... and u both really love each other and don't want to live with out each other... then file Habeas corpus petition in high court.. and then court will pass the order to her parents to send to girl to her husband's house... and u will get ur wife on same day for more details contact me
This is my response to you: 1. You can file for divorce after 1 year; 2. At your stage you should approach a counselor and mitigate the disputes; 3. You can also file a formal complaint against the family members stating that they refused to allow you both to live together; 4. Try to approach court and seek mediation help and resolve the family dispute.
Can't file divorce within 1 yr.. (in some circumstances within 6 months).. if mutual divorce applied, 6 months cooling off period.. (but can be waived by court on separate application).. but whatever, unless u have full consent for divorce nothing can be done in short time (other than an exparte decree).. for further assistance plz book for consultation..
Download the Vkeel app, which makes things easier as you can keep everything handy in your phone. You can book consultation with selected Lawyer.
Download Vkeel App