- This topic has 11 replies, 12 voices, and was last updated 1 year, 4 months ago by
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ULong story short. Marriage broke down prior to consummation and cohabitation but was registered for Visa purposes. It was registered under the special marriage act. The girl called it off and filed two cases on me.
One for nullifying the marriage and the other for damages, to cover the cost for their engagement event. These two cases were referred to counseling where I explained I had no issues continuing the relationship, she was often absent. Now both cases are posted for mediation.
Circa one year later, I came to terms with that fact she’s no returning. I filed an OP for divorce on the grounds of desertion and non-consummation of the marriage. Also mentioned cruelty.
Now suddenly after the initial hearing and referral for counseling (again), girls lawyer wants us to go for mutual consent divorce even though we had offered this to them before but they didn’t want the divorce tag.
I know there’s a catch but my non lawyer brain can’t figure it out, so I thought to ask you guys. Why suddenly are they ok with mutual consent and let alone divorce when they weren’t before :/
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ENot a lawyer
They are thinking about themselves. Their reputation, their lawyer should have informed them that their case is not strong. (Based on your information) So, it’s better for them to play the nice girl infront of judge. For now that’s what going on their mind. But remember your ex wife is a walking time bomb. She has already broken the marriage and it’s highly possible she will do it again even if you two get back together.
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UJust be glad she didn’t file a fake rape/gang-rape, unnatural sex, dowry, false promise and coersion cases on you and your family. In fact, of all the cases I’ve seen this sounds the most tame.
You’re not an Indian citizen, the marriage was not consummated, they’ve delayed and wasted enough of your time… why do you care what some corrupt asshole in a court thinks?
Get out of the country and never trust Indians again, at least as far as marriage and money matters go.
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QI think the catch is that if they lose a contested divorce and you are in the clear it will work against the girl her reputation will be tarnished which will effect her prospective future search for another groom as the judgement is uploaded by courts on their public domain but with mutual divorce because of the nature of being a settlement between two parties the reasons in judgement don’t come on public domain
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UNAL.
Figure out if they are ready for a Mutual without any exchange of money. Not a penny. Get a MOU or similar. Let them withdraw their cases . Mention all conditions in MOU. If nothing seems off in these discussions , they seem happy with the deal , then take mutual . In 6-12 months – you will be free.
If they change mind, you are anyway in for along fight . Plan again.
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BThere’s a saying in court. A bad settlement is much better than a good judgement. You have an opportunity to end divorce cases in a way that many do not have. You can settle all disputes, including maintenance, through compromise. You will save time and money. But of course, considering the fact that they approached you generally means you have a very strong case. Use it to your advantage and get a mutual divorce.
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IYou can either drag the matter for years in court or settle with mutual divorce. Post this you can file for defamation against the family for that smear campaign they did. Or you can do it right away and strengthen your negotiating power.
The only reason they are backing off is that you guys didn’t live under the same roof, otherwise they would had filed all the other cases and you’d be left helpless then.
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