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How to initiate settlement for divorce
26-Feb-2023 (In Divorce Law)
Me and my wife got separated 4 months after our (Hindu) marriage, we have not went to court but we have settled things (returned back all things given by bride to us during marriage and also got back things that we gave to bride) All these things were written and signed by both parties in a 100 rs stamp paper saying that we both are separated due to personal reasons and we will not disturb other person life if they try to arrange for another marriage, it was also written that we both can apply for divorce in future legally, My question is while applying for divorce legally can the bride claim for Money or Property in future? can they stop or disturb marriage arrangements in future?
Sir.
It appears to be a case where your daughter in law has been forcibly married to your son against her wishes as a result of which she is resisting the marital life.
It is also the case where the girl is demonstrating suicidal tendencies.
In the interests of your son, it is recommended that the elders call for a mediation meeting and resolve to file a mutual consent divorce.
A mutual consent divorce though painful, it is of lesser pain compared to contested divorce.
It appears to be a case where your daughter in law has been forcibly married to your son against her wishes as a result of which she is resisting the marital life.
It is also the case where the girl is demonstrating suicidal tendencies.
In the interests of your son, it is recommended that the elders call for a mediation meeting and resolve to file a mutual consent divorce.
A mutual consent divorce though painful, it is of lesser pain compared to contested divorce.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Speak with her parents and bring all the facts to their notice and suggest for a mutual consent divorce, it the girl is not interested to continue the marital relationship she should give her consent wilfully else file a divorce case on the grounds of mental harassment and cruelty.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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If the second marriage taken place without obtaining divorce order them it will be an offence under the IPC. After completion of one year from the date of marriage either party can approach the for divorce or both of them jointly can file the petition for divorce on mutual consent. Even after the divorce also Your wife has reserved her rights to receive maintenance from you until she get into the Second marriage. Abstaining her signature in the stamp paper will not be acceptable before the court of law and it will not be consider as consent to divorce. If she is not a working women and unable to maintain herself then she can seek maintenance from you.Hope your quarry has solved. If you need any further consultation feel free to contact me.
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Adv. Selvaperumal
Chennai | 100+ Answers
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Good question whether the bride can demand anything while application make for divorce, of course it may happen unless and until you prove the documents genuinity and the court has to accept the same, there is more judgements to show the same set of factors and additionally you have a question whether the bride can stop the marriage? Yes, she can bcas you are not divorced legally and she can lead to criminal case of bigamy if you get married, so better after getting divorce mutually go for an another wedlock bye enjoy
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Adv. A Joseph Jerry
Madurai | 25+ Answers
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