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Davinder S (Marketing )     14 July 2016

Seeking divorce after 7 months of mutual seperation

Hi, I got married last year in May 2015 then got mutually seperated in December 2015 under several witnesses (panchayat). I have paid Rs. 100,000 cash as alimony. 

Now I wish to get a legal divorce so that both parties should not have any issues with moving on their lives seperately. 

I've already been seperated for about for about 12 months (out of which 7 months are documented as mutual seperation).

1. Please suggest on how to get a legal divorce from the court.

2. How long is the process? 

Thanks!



Learning

 4 Replies

Anish   14 July 2016

If your wife is ready to give you divorce, you can file for divorce on the ground of mutual consent u/s 13 (b) of HMA This process takes 6 months for divorce.

Anish   14 July 2016

If your wife is ready to give you divorce, you can file for divorce on the ground of mutual consent u/s 13 (b) of HMA This process takes 6 months for divorce.

Vijay Raj Mahajan (Advocate)     15 July 2016

The both parties in their joint petition for divorce by mutual consent clearly mention the date when they both got separated, in your case that should be 12 months back when you actually separated, that date has to be mentioned. Noone question this date as when it is not being disputed by either of the parties it is taken as correct by the court also.

No other evidence of proof required for the date of separation but joint statement in the court from the date you both started living separatly and are not in relationship of husband and wife.

The complete process is of six months after you first file joint petition for divorce under section 13 B the Hindu Marriage Act,1955 for Hindu marriage dissolution, and first motion where statement of both parties recorded of living separate for more than 12 months and seeking divorce by their free consent, followed by second motion after 6 months when again both parties record their statement of moving ahead with divorce. The court being satisfied allows the divorce and issue decree of divorce to you.

A walk alone (-)     16 July 2016

As you are living mutually separate .you mutually can file MCD also. It's six months process.

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