a friend who filed a mutual divorce recently, with his spouse, after many years of harassment is now finding out that (through a 3rd party) that his spouse wishes to go in for a contested one or completely withdraw. she is presently in the US and has no intention of returning. all this is for further harassing him. they were married under the Special Marriage act, India.
i would like to know if this is possible to do. also what could be the consequences of this action on her part? is there a time period allotted for changing the process? is the process to change the procedure so easy or does it require more information or justification? is it possible to do this from the US? any information regarding this would be useful
2007-08-22 16:44:45 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You have not been able to clearly state all the facts of this case. Firstly you say they married under the Special Marriage Act, 1954 & now after they have filled a joint petition for divorce by mutual consent under section 28 of the said Act in India. Now the wife is in USA & doesn't want to come back for this divorce case & want him to go in for contested one case should be filled replacing this divorce petition. By the way who was that intelligent person who advised her to do so? The divorce by mutual consent is the easiest & most convenient manner for dissolution of any marriage which firstly doesn't require any evidence to be produced to prove any ground other wise provided in other contested cases, secondly the total number of dates required in such case is not more then two or three & a decree of divorce is granted after six months from the date of filling such an petition. In the present case this has been already filed & now on the next date of hearing which must be given any time after six months & before 18 months the family court will be granting decree of divorce to them. No doubt any of them can before the final order of the court can move an application & withdraw their consent to such a divorce & the said petition will be dismissed. In that case a new petition for divorce will be required to be filed by any of them based on the grounds provided for divorce under section 27 of the said Act. In the present case the best thing is that the husband should make this point clear with her directly & not go by the hearsay as given to him by some 3rd party & even explain her that by her withdrawing the consent for this divorce by mutual consent will further delay the process of divorce that will effect her own chances to get remarried in USA after getting the decree of divorce which she will be requiring to get remarried there & without which she will not be able to do so. Hope this legal information will be sufficient for you & for more write to me directly.
2007-08-22 17:51:23 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 0⤋
Sound like this is an arranged marriage and both parties are under the age of 18. I personally haven't heard of a legal term called "Mutual Divorce" but seems like you are referring to a divorce where both parties agree. If both parties agree on the divorce, the step is to contact a divorce paralegal and ask for help with a divorce. A divorce paralegal can finalize a divorce in about six months.
2016-05-20 06:18:01 · answer #2 · answered by chanda 3 · 0⤊ 0⤋
If your friend is from India , he can file suit in India itself by just contacting a legal Ad visor and clear the hurdle by saying that she is not returning back to India. The court will send summons three time to her Indian address and if she is not responding they will declare a third party sentence and your friend can come out of this trouble. All the best for your friend Yours VRVRAO
2007-08-22 16:59:14 · answer #3 · answered by Raghavendra R 5 · 0⤊ 0⤋
Yes it is easy to change the procedure and her attorney can do it for her in india even if she is in the US. It is better to complete the process, as changes midway is easily possible, even if she is in the US.
2007-08-22 17:34:48 · answer #4 · answered by wizard of the East 7 · 0⤊ 0⤋
U just advice to ur friend, once more have a contact with his spouse, if she is not responding ! try to consult a good lawyer and send summon notification to her if she doesn't respond for that for three times u sent the justice will take it as a severe & immediate action towards her .
2007-08-22 17:13:35 · answer #5 · answered by latheefpm1 2 · 0⤊ 0⤋
I would consult a divorce attorney in the US and India.
2007-08-22 16:50:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋