Divorce (arya samaj marriage)

Deepika Rana (Querist) 22 April 2012 This query is : Resolved
Dear All,

If I want to get divorce through mutual concern, please let me know the procedure for the same.

1.Do i need to file the petition in the court for the same?

2. Do i need to hire a lawyer?

3. How much time will this take?

Thanks

Follow Query

Report Abuse

Kiran Kumar (Expert) 22 April 2012
you certainly need to engage a lawyer for the purpose.

a petition under S. 13 B of Hindu Marriage Act is required to be filed in the court.

it will be better if you engage some local lawyer and proceed as per his advice.

Deepika Rana (Querist) 22 April 2012
thanxs a lot sir for your guidance.
but i just want to know that is it necessary to involve police or court in the same?
cant we get the divorce just through any affidavit or agreement on stamp paper?

Devajyoti Barman (Expert) 22 April 2012
No, the approval of the court is mandatory.
Six months time is minimum to get the same.

Nu.Delhi.Law.Fora. (Expert) 22 April 2012
Dear Querist,

In addition to Ld. colleagues advices, you may also note the following:

As a practice & matter of rules, mcd requires at least 6 months or more for finalisation in any Indian courts.

However, in these matters, the Delhi High Court has one view which differs from the High Court of Mumbai had take another view & held the six months time period as provided U/S13B(2) is mandatory & not directory as held by the High Court of Delhi, hence this cannot be waved, thus both motion for divorce cannot be taken together or within six months time period as provided U/S13B(2) of HMA.

The various High courts in India have taken different view as mentioned above some agreeing with High Court of Delhi & some with that of Mumbai, so does the district courts.

However, getting benefit of favourable HC order would largely depend on facts & circumstances of your case which be ascertainable after technolegal analysis only.

Kiran Kumar (Expert) 22 April 2012
you will need to have a proper order from the court only.

mutual exchange of some documents or affidavits will not legalise the divorce.

Raj Kumar Makkad (Expert) 22 April 2012
# Law fora

Hon'ble apex Court has removed all ambiguity on the subject and no court inferior than apex Court can waive the period of 6 months so no benefit can be taken of any citation of any high court contrary to Apex Court verdict.