I want to give one chance to our marriage but legally

Question

I want to give one chance to our marriage but legally

20-Mar-2024 (In Divorce Law)

Hi, Me and my wife both have various issues with each other. And my wife has some psychiatric issues which they have not told prior to marriage. My wife is asking to give one last chance to marriage. But I want to give that chance only through legal way. Is there any way for this?

Answers (5)

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Adv. Anurag Jangra Adv. Anurag Jangra

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-03-20T22:21:07+05:30

Answer #2

You and your wife can draft a settlement deed and in that deed you can write down your terms and conditions regarding the chances you wish to give to her. And if any conditions are infringed then you can always move to the court and file for a mutual divorce which will take a maximum of six months.

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Advocate Arinjay Bisht LawRato · Accepted Answer · 2024-03-21T09:14:05+05:30

Answer #3

In mutual divorce under section 13 (B) of the Hindu Marriage Act provides a mechanism for couples to seek divorce with mutual consent. This process typically involves two hearings, as you described. During the first hearing, both parties present their petition for divorce to the court, expressing their mutual consent to end the marriage. Following this, a cooling-off period is mandated, usually between six to eighteen months. This period allows for reflection and the possibility of reconciliation between the spouses. After the cooling-off period expires, the parties appear before the court again for the second hearing. If they still desire to proceed with the divorce, they present another petition confirming their intent. Upon satisfying all legal requirements and ensuring that there are no obstacles, the court grants the divorce decree. This process is designed to ensure that divorce is not hastily pursued and gives couples ample time to reconsider their decision, potentially saving the marriage if reconciliation becomes possible.

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Advocate Mukesh Kumar Sah LawRato · Accepted Answer · 2024-03-21T09:19:58+05:30

Answer #4

yes ,you can file the application under section 12 of the Hindu Marriage act for the Anulllemet of your marriage, legally you submit the Court ,we have given time to treat, improve the situation,but couldn't improve,asked the court to give one more opportunity if not possible to run properly,the award null and void,you need not file any divorce,or separation petition.

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Advocate Sabarni Som LawRato · Accepted Answer · 2024-04-06T20:42:31+05:30

Answer #5

Hi, At first I would advise you to ask yourself, if you want to stay with your wife or not. That's the first priority you must have right now. You must be clear in your mind if you want to continue the marriage or not. In case you don't, you can definitely file for divorce. You also have the option for annulment of marriage on grounds of fraud, since your wife concealed her mental health issues before marriage. We can discuss this further if you want to proceed. Please contact.

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