divorce under mutual consent

deepak dattatray sawant (Querist) 10 October 2009 This query is : Resolved
i was married in 1989 and after 1999 i am staying seperate along with my parents. since last 10 yrs of seperation with my wife and the case already filed since last 9+ yrs. we both have already agreed for mutual divorce in april 2009. but we are find that the regular due court procees is very time consuming and confusing as since last 6 month no proper approach for immediate settlement procedure is observed by us.

i want to know that is there any effective procedure or out of court settlement which will allow us decree in reasonable short period of say 1 month or less.

please guide us, we will be highly obligued

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Sukhija (Expert) 10 October 2009
Hi Deepak
u can ask the court for divorce by mutual consent on the same dt it can/ may b ordered also. where r u located? Mumbai?
if yes u can contact me on phone 9820492936
Adv. Sukhija

A.P.Manoranjan (Expert) 10 October 2009
MR.SAWANT,
PLEASE FOLLOW MR.SUKHIJA'S ADVISE AND YOU WILL SUCCEED IN YOUR EFFORTS.

PJANARDHANA REDDY (Expert) 10 October 2009
you can have out of court settlement,but in future any dispute arises the court divorce decree only considered. Hence go as per family law expert to divorce

adv. rajeev ( rajoo ) (Expert) 10 October 2009
Dear Deepak
File a memo to refer the case to the Lokadalat, where in you will get the quick relief.
On the lok adalat day both parties will be enquired by the sitting judges and there is no possibility of conciliation then orders will be passed.
You can also file compromise petition in the Lok Adalat.

Sachin Bhatia (Expert) 10 October 2009
File an application for seeking divorce by mutual consent on the same date.

joyce (Expert) 10 October 2009
Deepak,
I adopt the expert answer of Mr Rajeev. Where are you located? Ask your local advocate as to Lok Adalat, in which court the case file is pending? In the same court only, file an application for refering the case to Lok Adalat, In latter adjournments, remedy will be received as Rajeev says.

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niranjan (Expert) 10 October 2009
I undertstand that both of you have to file a compromise before the court saying that you withdraw allegations against each other, but as there is no possibility to continue the tie of marriage and in the interest of both have agreed to take divorce by mutual consent, the same may be granted and that there is no collusion in making the application.
Another way of putting the case before the Lok Adalat is also correct.

Raj Kumar Makkad (Expert) 10 October 2009
You will have to withdraw earlier divorce petition and will have to file another petition under section 13 (B) of HMA stating therein the period of separation without raising any allegation each other with an application to decide the petition on the same day and as per my practical experience in such matters, you shall get decree of divorce on the same day.