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bharat prad (manager)     17 April 2018

Mutual consent divorce

I got married in 2002  it was a love marriage and had a daughter in 2004, thereafter in 2005 i went to united kingdom and lived there for nine years illegally by overstaying my visa, i came back to the country in 2014, so is my marriage annulled or as i have heard there is a new law where both the partners if not staying together for 3 years consecutively than the marriage is dissolved.

please advise as we have already lived 9 years apart from each other without any physical relationship and we would like to get divorced by mutual consent.

also how long would it take to get divorce decree so that i may carry on with new life with my new partner. Also she i HIV+ will this help in getting divoce early. We came to know about her HIV+ in the first year of our marriage. Please help me to get divorced



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 5 Replies

TGK REDDI   17 April 2018

Marriage is not dissolved after a separation of three years.       Don't hazard second marriage without proper divorce.

TGK REDDI   17 April 2018

If there's mutual consent, the separation needn't be mentioned.

TGK REDDI   17 April 2018

HIV.    I'm ignorant of this subject.

Vijay Raj Mahajan (Advocate)     17 April 2018

There is no new law that marriage get dissolved if you are living separate for 3 years, the person who gave you this information has no knowldge of Indian law.

Secondly in order to dissolve the marriage easiest way is by divorce by mutual consent for which you both need to file joint petition in the Family Court and request for dissolution of marriage by decree of divorce. after waiting period of 6 months you get divorced by the Family Court. You may even jointly request for condonation of 6 months period of waiting for divorce as expceptional grounds exists in your case of 9 years of separation between both of you and Family judge may consider this and dissolve your marriage at earliest.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     18 April 2018

Mutual consent divorce is best option for quick divorce as explain above. In addition to above you may also file divorce petition as she is suffering from HIV +. 


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