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Need faster settlement
3 years ago
I applied for divorce on August 2020 to my wife, she always stays with her parents and always quarrels with I informed to their parents even but still they are supporting her that was my fault because of me she is quarreling with me with this behaviour I got disgusted and sent her notice when she was at her home in return they filed counter case on me that is constitution of conjugal rights and for settlement I request you to please give me advice for faster settlement. She is not willing to give divorce with me.
A.Dear Sir,
You may approach High Court for time bound disposal.
You may approach High Court for time bound disposal.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.faster way is only mutual divorce but she is not willing to give divorce.
You have to handle this situation properly and put pressure.
like you can file RCR and then you will get divorce but it will also take years.
You have to handle this situation properly and put pressure.
like you can file RCR and then you will get divorce but it will also take years.
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A.Hi,
If the issue is resolved amicably either through private mediation or general talks it would be better since it is easier to get mutual consent divorce. However, if nothing happens then you can file for a contested divorce on ground of mental cruelty which is why you do not want to live with your wife and are not willing to stay together in order to stop the court from granting restitution of conjugal rights.
If you find this answer helpful please rate my answer. Thank you.
If the issue is resolved amicably either through private mediation or general talks it would be better since it is easier to get mutual consent divorce. However, if nothing happens then you can file for a contested divorce on ground of mental cruelty which is why you do not want to live with your wife and are not willing to stay together in order to stop the court from granting restitution of conjugal rights.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You should try to settle matters with your wife so that you could get divorced mutually. For this you could approach private meditation also. Since it is important that for Mutual consent divorce the parties have tried to reconcile and since there is no hope now so they want to divorce whereas restitution of conjugal rights gives an exactly opposite impression. However if the issues are not settled then you can file divorce on ground of mental cruelty.
If you find this answer helpful please rate my answer. Thank you.
You should try to settle matters with your wife so that you could get divorced mutually. For this you could approach private meditation also. Since it is important that for Mutual consent divorce the parties have tried to reconcile and since there is no hope now so they want to divorce whereas restitution of conjugal rights gives an exactly opposite impression. However if the issues are not settled then you can file divorce on ground of mental cruelty.
If you find this answer helpful please rate my answer. Thank you.
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Suneel Moudgil
Responded 3 years ago
A.if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft a #memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you can file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
don't forget to draft a #memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you can file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
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