Divorce
Ashish Gautam
(Querist) 12 May 2012
This query is : Resolved
Hi All,
I want your expert advice in one of the concern.
I need a divorce from my wife.
Wherein I have received a bond paper from wife side in which she has signed the copy and I have also signed the copy and given one copy to them and kept one copy.
wanted to know what is the procedure to file that bond paper in court.
Thanks
Deepak Nair
(Expert) 12 May 2012
What you have done is not valid and it cannot be called as divorce.
Divorce is valid only if the court grants.
You are required to file a petition for divorce. Since both you and your wife are ready, you can file a joint petition for divorce by mutual consent.
SAINATH DEVALLA
(Expert) 12 May 2012
Dear Ashish,
Mere holding copies of bond paper will not hold good.U have to apply in court with suitable reason.For a mutual divorce , you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.
Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.
The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment
Adv.R.P.Chugh
(Expert) 12 May 2012
It's not simple I endorse the views of Ld.Colleagues above
ajay sethi
(Expert) 12 May 2012
agree with experts
Shonee Kapoor
(Expert) 12 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 14 May 2012
No more to add.
V R SHROFF
(Expert) 14 May 2012
Divorce, only thru Court .
All above experts advised you correctly in details .
