I am a 34-year-old male and got married on 29th January 2017. I am physically handicapped and the marriage is inter caste. Our marriage was arranged by a known uncle. On May 17th my wife left for her parents’ place; she was pregnant. Since then she has not returned and I recently learnt that has even aborted the baby.
I asked her to come back to me but she refused. By now I was very upset and began asking about her. That’s when I found out that she had a boyfriend before and was in touch with him even after marriage. She even connected with him via a friend. I have all the phone details. The only sensible way forward appears to be divorce, but please guide me Sir.
Osama Sohail says:
Under the given situation divorce appears to be the correct solution. Speak to your wife for amicable resolution by opting for Mutual Consent Divorce.
Steps for Mutual Consent Divorce are as under:
- Both Parties, i.e., Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
- On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
- Divorce Petition will be drafted which will include terms of settlement agreed between parties.
- Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
- Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
- After recording of statements, First Motion will be passed.
- Court gives six months time to parties to reconsider their decision. This is called the cooling period generally.
- Second Motion is set up.
- Aforesaid steps shall be repeated. Statement of parties will be recorded again.
- After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.
Alternatively you will have to initiate petition for cruelly and possibly adultery seeking divorce.
Trust the above answered your query.