kaps (TEST) 08 November 2014

Divorce mutual consent

Hello All,

My friend has been married forcefully she could not stop that during time of marriage because of emotional black mail from her family.

Now she wants to file for a divorce the guy is also saying the same thing and he is ready for the same. Their marriage happened on 3rd of nov 2014 in up. Now she is living in some other state. Their marriage is not registered in any court. Does it require a divorce if the marriage is not registered and only sodemized.

My questions are as below:-

1. Is registering for divorce require a certain specific interval after marriage even if both parties are ok for that.

2. If the guy is living out of India or is going soon can she alone file for divorce and then send the documents for his signature to his outside India address.

3. Does the process need to start in the same city where they were married or can be done in other states as well.

Please let me know what documents would be required for doing the same.

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3 Replies

kaps (TEST) 08 November 2014

Also please let me know if Annulment of marriage is a option here and what procedure does it require.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 November 2014

Dear, Atleast one year time is minimum to filt the divorce after marriage. Yes it can filed in the place of marriage or where the parties resided after marriage took place, generally he is required to appear in court when the motions are filed, but he fan be exempted to appear if court allows. Adv kapil chandna, 9899011450

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 08 November 2014

Dear KAP,

You can file the divorce when there is one year of separation. Please go through the section 13(B) as mentioned below:-

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a

petition for dissolution of marriage by a decree of divorce may be presented to the

District Court by both the parties to a marriage together, whether such marriage

was solemnized before or after the commencement of the Marriage Laws

(Amendment) Act, 1976, on the ground that they have been living separately for a

period of one year or more, that they have not been able to live together and that

they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date

of the presentation of the petition referred to in sub-section (1) and not later than

eighteen months after the said date, if the petition is not withdrawn in the mean

time, the Court shall, on being satisfied, after hearing the parties and after making

such inquiry as it thinks fit, that a marriage has been solemnized and that the

averments in the petition are true, pass a decree of divorce declaring the marriage

to be dissolved with effect from the date of the decree.

****Note:- you should live separately minimum one year, there is gap of six month between both the motion. you have to file where was the matrimonial home.