Apply for the divorce by mutual consent
jknksk143
(Querist) 30 October 2017
This query is : Resolved
Dear Solicitor, My Brother is an engineer and working in Muscat and he is living with his wife and having a 4 years old son. They are married in the year 2011 in Andhra Pradesh, India.My Brother is from Chennai, Tamilnadu, India & His wife is from Hyderabad, Andhra Pradesh.
Now his wife would like to divorce him to due to financial reason. He lost his job and the income has been stopped due to company business condition. So, she want to divorce my brother due to financial instability through Indian Embassy, Muscat, Oman. She has found an Indian man who is financially strong & business man and ready to marry her. Please advise us how to proceed further to apply for the mutual consent divorce. She would like to marry the other Indian man from Indian Embassy, Muscat, Oman.
Guest
(Expert) 30 October 2017
You had not stated the opinion of your brother
Guest
(Expert) 30 October 2017
Your Query is fully in the view of your sister in law who seeks divorce
Guest
(Expert) 30 October 2017
For her if No Money No More a Husband as per your statement.
Guest
(Expert) 30 October 2017
Any how consult a local good advocate and proceed for MCD which could be completed in 6 month time with the presence of both the parties twice in the court and in the application it self you could mention that both are not prepared for mediation and only the divorce is required
Guest
(Expert) 30 October 2017
MCD could be applied in any place either Hyd or chennai which is convenient to both the Parties
Guest
(Expert) 30 October 2017
Presently the Supreme Court had announced even 6 month period is not mandatory for MCD and even that could be mentioned in the application to emphasize the urgency so that MCD could be completed even before 6 month time.
Vijay Raj Mahajan
(Expert) 30 October 2017
Both parties to marriage who are living separately for 1 year or more, i.e. not in husband/wife relationship, have to file joint petition for divorce by mutual consent in Indian court of the district where they got married or last resided as husband and wife. The court will dissolve their marriage after 6 months period of cooling period and issue decree of divorce, after that they can remarry.
The cooling period of 6 months can be condoned by the court provided they both move application for it in the Family Court hearing their divorce petition and if they have grounds as provided in the case law of the Supreme Court of India in Amardeep Singh v/s Harveen Kaur Civil Appeal 11158 of 2017, the Family Court can condone the 6 months waiting period and as a special case dissolve their marriage immediately.
Rajendra K Goyal
(Expert) 30 October 2017
Agree with the advice from expert Vijay Raj Mahajan.
Ms.Usha Kapoor
(Expert) 31 October 2017
You r sister in law and your brother file a joint petition for Mutual consent divorce stating that there is irretrievable breakdown of marriage which according to many 'supreme court decisions is an additional ground for seeking MCD and before 6 months time it can be obtained if both husband and wife express their inability to pull their matrimonial bond any longer together.
