Asked August 16, 2016

Mutual Divorce

  • 2 Answers

I got married 1.5 yeard ago. 50 days ago, my life left me and is now demanding a divorce. I do not want to giver her a divorce.

She has not sent me any legal notice. My parents tried to speak to her family butthey are not interested to talk or give any decision.

Now my question is,

(1) Can we send a notice to my wife family to return my wife to me

(2) In mutual consent divorce which date is court consider to seperate of me & my wife: the date she left for my home or the date MCD case file.

Answers 2

Default avatar
Saurabh Kumar

You can send a legal notice to your in laws, asking them to allow your wife to return within a specified time period ( like 15 days to 1 month), with the intimation that in case they do not, you will file a case under Section 340 of the IPC.  This section deals with the concept of “Wrongful confinement”. This is a crime wherein, a certain person is wrongfully stopped from proceeding beyond certain limits, against his lawfully provided rights.  However, please note that Section 340 CANNOT be applied if in case the person in question,  in this case your wife, is not being confined against her will. In that case, the notice should be directed SPECIFICALLY to your wife, asking her to come back within a specified time period. Non adherence to the notice allows you to file for divorce under Section 13 (1) of the Hindu Marriage Act for desertion.  You may also be awarded compensation in this case.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. Thus, the date the court will consider is the one when both of you started living separately, i.e. the day she left home.  

Agree Comment 0 Agrees about 5 years ago

You can ask your wife to return to her marital home. If it is not conducive to do through relatives you can send a legal notice for restitution of conjugal rights. If she fails to return to her matrimonial home even after the notice, you can file a petition before the family court for restitution of conjugal rights under section 9 of Hindu Marriage Act. During the court proceddings it is mandatory to attend conselling so there is fairer chances of concillation.

For filling a mutal consent petition under section 13(b) of Hindu Marriage Act, the parties have to be living seperately for atleast a year as on the date of filing the petition. But the seperation need not be the physical seperation where parties living seperately in two diffrent addresses.If they are not living as a husband and wife for the past one year it is sufficient.   

Agree Comment 0 Agrees about 5 years ago

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