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Deepak Joseph   05 November 2018

How to proceed for divorce

my wife is in gulf and I am in India.we have two kids and they are also in gulf with her.she dont want to live with me. past two years she is saying she dont want to continue marriage because we both are not compatible and we are staying separate. how do i go ahead and finish this as mutual divorce..
she dont want to come to India at all but I am here..can paper work move ahead with one person for divorce??


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 5 Replies

Shashi Dhara   05 November 2018

U file adiviorce petition in competent court of law. Serve her summons. If she consent then divorce will be easy.

Deepak Joseph   07 November 2018

what about the petition after signing if i courier it and get signed then ok...but what about balance procedures can it go ahead with one person to finalise divorce?

Kumar Doab (FIN)     09 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc to resolve the matter and save the marriage or end by MCD on amicable/reasonable/accepted terms and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;, Family/Civil courts, HC, SC …

 

Your counsel is to guide you if matter can proceed on PoA or Ex. Party…

Kumar Doab (FIN)     09 November 2018

You may also go thru:

 

After section 10 of the principal Act, the following section shall be inserted, namely: --

THE INDIAN DIVORCE (AMENDMENT) ACT, 2001

 

[Act No. 51 OF 2001]

[24th September, 2001]

"10A. Dissolution of marriage by mutual consent. -- (1) Subject to the provisions of this Act and the rules made there under, a petition for dissolution of marriage 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 Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

 

(2) On the motion of both the parties made not earlier than six months after the date of 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 by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and 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 declaring the marriage to be dissolved with effect from the date of decree.".

 

Kumar Doab (FIN)     09 November 2018

And

Diary No.- 40919 - 2014

ALBERT ANTHONY vs. UNION OF INDIA MINISTRY OF LAW AND JUSTICE THROUGH SECRETARY

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 127/2015 ALBERT ANTHONY Petitioner(s) VERSUS UNION OF INDIA Respondent(s)

UPON hearing the counsel the Court made the following O R D E R I.A.No. 2 I.A. is allowed to be withdrawn. It will be open to the applicant to pursue such other remedy as may be permissible in law. 2 Writ Petition (Civil) No. 127/2015 On instructions, Mr. Ranjit Kumar, learned Solicitor General submits that the matter is being considered at the highest level and response from some of the states is still awaited. List the matter after 22nd March, 2017. (Madhu Bala) (Madhu Narula) Court Master Court Master


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