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Arjav Mehta (student)     30 November 2017

Divorce

we married in 2004, two kids . but now we want to go for sepration.. if we are not registered our marrige as per law what should we do for divorce..


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 7 Replies

Vijay Raj Mahajan (Advocate)     30 November 2017

Married, whether registered or not, the marriage can only be dissolved by decree of divorce of the District Family Court, no out of court  process and if some fraud guide you for that through some form of agreement to be duly notarized  by public notary, please don't get misguided. Many such frauds are sitting outside District Courts throughout India. Trust only genuine Advocates duly enrolled with Bar Council of India.

Ankit Verma (Lawyer)     30 November 2017

Relax sit tight before taking any step ... take out your hand easy from the rock.

Firstly Marriage is registered or not , Marriage can only be dissloved by decree of divorce.

Second it depends weather your wife also want divorce or not if you both are agree then file a Section 13(b) of hindu marriage act, mutually divorce petition. In this a settlement deed will be make out along with this and file it. 

If there is no mutual concern then you have to brief it more. There is no clearity in your above facts. 

contact:1404ankit@gmail.com, 9999197883.

Adv Radhika Mehta (Advocate)     30 November 2017

Since you have mentioned that you both are desirous of getting seperated, you can arrive at a consensus regarding the terms of Divorce such as maintenance of your wife, custody of child, dissolution of any joint property held etc and file for Divorce by Mutual Consent. 

Hemant Chaudhary   30 November 2017

Hello sir , you can apply for mutual divorce petiton under section 13 b of Hindu marriage act .. regards adv Hemant Chaudhary , Gurgaon ph:-9654062181

Kumar Doab (FIN)     30 November 2017

Which personal law applies to you say Hindu?

The divorce can be in accordance with provisions of personal law that applies.

The court can award divorce.

Kumar Doab (FIN)     30 November 2017

If both spouses have tried their level best to save the marriage and if it is not more possible and are willing to settle the matter amicably they may consider the prespective of; MCD.

It is quickest recourse.

Emma   01 December 2017

After reading a lot of topics about divorce, I can not understand how once such closed and who loved each other people can reach such a situation. The impression is that we simply do not know how to sit and calmly solve the situation with divorce when it comes to the notion that no family will be between us anymore. People! We just do not know how to talk! Please, try to sit and speak with each other, try to solve everything peacefully with each other. Contact me at my official office if you need some help.


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