Legal Question in Family Law in India
Now i want a quick divorce,i dont want to wait for statutory 6 month waiting period for second motion,in mutual consent divorce, so my question is that 1.can i get waiver of waiting period,on what grounds?
2.a mutual divorce case should be filed in family court or someother court to get waiver?
3.on very first motion do we appeal the judge for waiver?S Please help
My marriage was solemnised on 11th Dec,2011,my wife lived with me for 40 days after marriage and left me and her matrimonial home on 26 Feb,2012,she never came back inspite of our efforts to bring her back, we also filed section 9,in family court,Lucknow,on 19 jan,2013 to bring her back,she didnt come.
Earlier my wife lodged a fake complaint to police,but in investigation police didnt find anything wrong.My wife then demanded 15lakhs+maintenance, as a sum against mutual divorce.but i was unable to tender such a huge amount,she now threatens me, my family for dire consequences if she filed fake dowry case.In next further sittings and negotiations,we both parties come to a concluded decision of A limpsum Rs 5 lakhs as one time full and final compensation and exchange of goods from both sides.for a Mutual consent divorce.We have NO child.
But now I got notice from family court ,allahabad for appearance,in Maintenance case filed by my wife.I talked to my inlaws they didnt responded satisfactory.i think they ditched the negitiation done.now every thing is uncertain.....
2 Answers from Attorneys
If the wife is not agreeing for mutual consent then you will have to go through the court procedures only and it will take time.
engage a good local lawyer.