Weekend

Today is last day of week in court.

                                              am i happy.......certainly.

Is this feel right....will it become my habit to feel happy only on weekend...will it change my feelings for happiness at all times.

now I have changed my feeling of happiness at weekend.

Earlier when weekend came i felt very happy as if every stress and pressure had vanished and when i reached home at home i am the happiest person in universe and i used to kill time by watching TV.

suddenly when i woke up it was Sunday.....

Feeling of happiness gone....suddenly stress of Monday started.

My whole Sunday destroyed sorting out for Monday......only one work whole day was done by me and that was only thinking... rethinking.......

This phase continued for some years....and suddenly i woke up....God i have wasted so much time only thinking......baseless thinking.....now i realized why i felt  happy when weekend comes....

Reason is i did lot of thinking........useless and baseless thinking and was stressed all times till Saturday came and on that day i had chance to hide from all obstacles and from society.

Now i have made up my mind and my subconscious mind is also aware of aforesaid fact and i dont think especially baseless thinking, now every day is weekend and every day i work, starting with small things to big task and is not thinking at all but only using my mind for sorting things out.

Divorce by mutual consent

Divorce by mutual consent.

Divorce petition by a husband....

Almost climbing Everest.

What to do...nothing can be done..only hope is wife and that too when she is ready for alimony or some other conditions....but if she's not ready its almost impossible.

Things are different if u have a very reasonable ground then only and that too after proving the grounds existed in your favor ....

u can seek divorce and that also after long battle.

Divorce petition by wife.

Things are completely different for a wife seeking divorce.....

Law sometimes is slightly favorable towards women on account of previous precedents in society and other reasonable considerations.....so not much of difficulty in grant and seeking of divorce.

Mutual Divorce-;

Now the question is when both parties are ready for divorce....its a affirmative position for both.....

Both husband and wife will file a joint divorce petition along with theirs affidavits before sessions court. The court will then record statement of both the parties which is called first motion and after recording the statement of both the parties, court will fix the matter after  six months for again  recording the final statement of both parties. 

This period of six month is provided to both the parties so as to afford a reasonable time to think again before their marriage is legally dissolved.

and after six months when matter is taken up and the parties are still willing to dissolve their marriage then the court shall after recording of statement of both the parties finally shall by way of its order  grant divorce and marriage is dissolved for all intent and purposes.

Now the six months period of waiting has been waived off if the court is satisfied that the parties amicably with mutual consent and peacefully wants to separate from each other.

                                                            And 

That the statutory period of one year under Section 13B (1) of Hindu Marriage Act of separation of parties is already over before the first motion itself.

                                                            And 

That all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 Civil Procedure Code/Section 23(2) of the Hindu Marriage Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts.

                                                      And

That the parties have genuinely settled their differences including alimony or any other pending issues between the parties.

                                                     And 

That the waiting period will only prolong parties agony. 

Though every effort has to be made to save  the marriage, but if there are no chances of reunion and there are no chances of fresh rehabilitation and therefore the Courts are not powerless and have jurisdiction in enabling the parties to have a better option.

It is apparent that the object of six months period is to safeguard both parties against a hurried decision if there was otherwise possibility of differences being reconciled. 

But in case there is no possibility of differences being reconciled and waiting for period of six months will not perpetuate a purposeless marriage and will prolong the agony of the parties as there is no chance of reconciliation then the court may waive off the period and may grant Divorce to the parties at initial stage without waiting for further period of six months.