Dear sir, We married in 2009 and 6 years we stayed happily but later she had couple of affairs which I found from her whatsapp and facebook chat and call recordings in November 2017. She confessed later and that was recorded in video. Still I gave her chance to change and stay with me. Shockingly she started fighting with me that I had affair and started to threatening me that she would commit suicide if I tell this to someone or give divorce. For last 8 months she is torturing me in calls and msgs saying that she would commit suicide in few minutes or go to unknown places etc. There are lot of msgs in whatsapp. So finally I applied divorce in March 2018. We don't have kids as she has health issues. I dont want to make her bad so just applied for divorce based on harassment of mental torture and false allegations she did on my character. Though initially my wife and her family members did not accept it, now they also agree for it. They did not attend the court first adjournment on 14 June 2018 but they attended second adjournment on 05 July 2018. Now they are ready to co-operate with us and give divorce as soon as possible if we pay 20 lakhs money. I told if I go to court and prove her affairs then they will not get anything but as a well wisher I am ready to pay 10 lakhs. They are ready for it. My lawyer advised that to stop them from attending the court is easiest and fastest way to get divorce. Now what is the easy way to get the process completed? What is the minimum time to get it completed? Thanks in advance.
If you ready to pay them 10lacs, get this marriage dissolved by way of mutual consent divorce. The whole process will take about 7 months. You lawyer can also attempt to get the cooling off period waived off.
In case you do not wish to pay, keep pursuing the contested divorce that you have filed but since they are aware of this case already, they will put in appearance and contest the case; and in such a scenario, the proceedings may take 2-3 to conclude.
you can convert existing petition for divorce into divorce by mutual consent
2) file consent terms in court supported by affidavits
3) court would allow your application and convert existing petition into divorce by mutual consent
File Mutual consent diovrce (6 months) and agreement of one time alimony through post dated cheque and get this settlement recorded in divorce order.
Hello,
I feel bad for the hardships you have been through in the name of this sacred institute of marriage. Anyways, following are some of the factors considering which I would like to further advice on the fastest way to get divorce:
a) Are you willing to pay the settlement amount they are claiming i.e. 20 lakhs?
b) There are three grounds of divorce: desertion, adultery, and harassment. You have good evidence to prove adultery on her side which will make court to grant you divorce. By this way, you will be saving money but it will take some time, say an year or so. You have to make your mind on this.
c) Is she working and earning or not?
d) Does she have any evidence against you?
e) Anyways, I can assist you to negotiate best terms in case you wish to go for mutual divorce keeping the process calm and smooth for both sides.
Feel free to reply to discuss in more detail.
Thank you.
Sir exparte divorce without them attending the court can be the fastest way but in that your wife can apply before court and state any reason an seek permission from court to set aside the decree and restore divorce you will have to contest again, and she can seek maintenance also better convert contested divorce into mutual divorce make an agreement with you wife that once mutual divorce will be granted you will pay amount and after that she will not claim anything.
So in my opinion take mutual divorce you will get it in period of 6 months and further you can enter into agreement with wife so no future issue of alimony maintenance after paying 10 L.
This is my response to you:
1. You should file a complaint in the police station incase she does attempt to commit suicide;
2. Once you file the complaint then you get an upper hand;
3. The present laws do not punish women for adultery, therefore there is less chance to prove that;
4. But still file a complaint regarding that;
5. Ask the court to expedite the process by filing an application;
6. Give her permanent alimony and settle the matter at that level itself.
Already she worked for one year in Novatel hotel with hotel management degree. Recently she completed beautician course also. She gets monthly rents of 6000 rupees. She has admitted many times that I am good and unnecessarily she is suspecting because she did wrong she is in fear that I will do the same for her.She is not allowing me to sleep in night or work in day always asks to speak or chat because she feels I will talk with some other woman. It became torture for me. I took her to psychiatrist couple of times because she was uncontrollable sometimes. Psychiatrist told that she was doing intentionally 80% and 20% unknowingly.
1) convert existing petition for divorce into divorce by mutual consent as advised herein above
Sir you gave good case to contest even to deny the alimony maintenance but that will take ling time like 3-4 years and further there can be still order to pay some amount to her so it would be in best interest to give a mutual divorce.
I'll suggest you to press your pending divorce petition, or get a mutual divorce, whatever is expeditious for you.
Since the matter is already in the Court you will just have to wait for the proceedings to be completed. There is no obvious short cuts to get divorce and it entirely depends on the co-operation of the parties to the trial.
Dear Sir,
The only alternative is to go to High Court and seek early and time bound disposal of your divorce case citing some sound reasoning’s. The following circulars of High Court may also taken aid of.
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Karnataka Case Flow Management Rules
Similar Rules are framed by all the High Courts
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed and other allied questions. For the purpose clarity, you just need to understand following bullets point:-
Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.
Accept that there can be agreement even in disagreement.
If there are child(ren) involved, spouse should decide amongst themselves who is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.
Next important aspect is financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, marriages, istridhan, joint investments, joint accounts and many other. As a mutual consent divorce lawyers, we provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We as a mutual consent divorce lawyers provide different options using our vast experience in the field to resolve issues affecting the chances of settlement. Sometime, emotions between spouses are running so high that logic fails.
NOW, you are ready to file petition for mutual consent divorce.Petition for mutual consent divorce can be filed at any of the following place:-
Place where marriage had taken place
Place where husband and wife last resided together.
Place where wife is residing at the time of filing of the Petition
Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.
After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendable unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.
This six months period can be waived by concerned family Court upon filing an Application for waiver of six months. Family Court has discretion to waive of the period. Thus, time period of six months can be waived off and may be reduced to as less as 15 days or a month or so.
After six months period or after waiver of six months, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.
During the period of six months i.e. before moving second motion,both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.
Mutual consent divorce is the fastest way to get way to get divorce where you can get a decree of divorce within 1 month, as the Supreme Court has recently done away with cooling off period in exceptional cases of mutual consent divorce, for which you'll have to file accompanying application, along with your mutual consent divorce petition.
You've got a good prima facie case against your wife but mutual consent divorce takes at least 2 years to be disposed off, but if you are able to prove that your wife was in adulterous relationship during the subsistence of your marriage, you would not be bound to pay any maintenance or alimony to your wife.
Ok, as she is earning herself this reduces the alimony court will fix for her. Again, you can proceed aggressively and press adultery charges to save settlement costs otherwise you can use this to negotiate well for the settlement price. Please reach me directly to discuss in detail. Thanks
false allegations on your character is bonafide base for divorce, as pronounced by our apex court. Now guidelines changes for fast disposal of cases , you can cite recent judgement for divorce by mutual consent and you will get relief within month.
Instead of following the advice of your advocate for getting an ex parte divorce, you may plan to file mutual consent divorce on the basis of a compromise agreement with her.
For this you may withdraw the current case from the court and simultaneously file the MCD case, in this after a week or 10 days, you may file a joint affidavit seeking to waive the waiting period and get the divorce at the earliest.
To your subsequent post, it is clear that she is intentionally doing all these due to the fear complex or to avenge you or to make sure that you do not torture her anymore due to her activities and also she may like to continue her affairs uninterrupted.
Well, whatever it may be, you may better part with the company at the earliest possible for getting a permanent relief from her.