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Bad Times   11 February 2018

Divorce on mutual consent - Advise plz Bangalore or Uttarpradesh?

Hello sir/madam,

Myself Vijay Pawar, I have married with a girl before 13 months in Uttar Pradesh, under Uttar Pradesh Hindu Marriage Act 1973/77.

Due to our bad luck, we couldn't stay together.

Presently she is in Bangalore and myself is in Mumbai.

We had married without consent of our family and our family is not agree even today, and we two also not happy with this marriage. And our marriage is not disclosed publicly yet, only our families know this.


Now we want divorce with mutual consent.

My queries are:

1. can we get divorce in Bangalore, even though if we got married in Uttar Pradesh. under Hindu marriage act. 1973/77. or we have to go Uttar Pradesh only?

2. what is the process and timeline? As SC has advised for relaxation of Cooling period of 6 months to consider the mutual consent cases .
will our divorce decree be completed before 6 months?



3. Can we get married with other people as per family interest before , getting final degree of Divorce?

4. means just after filing the Divorce, can we get 2nd marriage with other people, by just signing no objection certificate for each other.

We want divorce at the earliest, based on suitable advise, we will visit to your office for further procedure.

regards,
Vijay Kumar Pawar

8839420750


Learning

 7 Replies

Siddharth Srivastava (Advocate)     11 February 2018

You require detailed consultation based on your information, as per law divorce case can be filed where marriage was taken place or where parties lastly resided as husband and wife or where defendant resides. SC has merely stated that where the marriage has completely broken down irretrivably broken down then courts are advised by SC to waive of waiting period of six months. This is a very old law. Recently SC has reiterated same law.For contracting second marriage, first marriage must be dissolved by competent court of law before such second marriage and prior to such dissolution of first marriage second marriage cannot be contracted. 

1 Like

anubhav Bhatt   12 February 2018

Here you didn't disclosed where you both lastly resided so in such a case you should move a mutual consent in Uttar Pradesh if you need more clarification then you may contact us then I will elaborate properly about matter.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

Adv Radhika Mehta (Advocate)     12 February 2018

Originally posted by : Bad Times

 My queries are:

1. can we get divorce in Bangalore, even though if we got married in Uttar Pradesh. under Hindu marriage act. 1973/77. or we have to go Uttar Pradesh only?

Yes you can get a Divorce in Bangalore as you mentioned that your wife is presently staying there. 

2. what is the process and timeline? As SC has advised for relaxation of Cooling period of 6 months to consider the mutual consent cases .will our divorce decree be completed before 6 months?

The case can be disposed off anytime between 6 to 18 months, depending on the compliances. Your case dosent and situation dosent warrant the waiving off of the cooling period

3. Can we get married with other people as per family interest before , getting final degree of Divorce?

No, you cannot. Unless and until your Divorce is granted by Court, your marriage is in subsistence.  You will be getting yourself into further legal trouble if you show such haste in contracting a second marriage. 

4. means just after filing the Divorce, can we get 2nd marriage with other people, by just signing no objection certificate for each other.

As mentioned above, NO. 

 

1 Like

Bad Times   12 February 2018

Thank you sir, I will revert you.

Bad Times   12 February 2018

Thank you very much sir for kind reply.

Bad Times   12 February 2018

Thank you mam for your kind and detail reply !!!

Kunuthur Srinivasa Reddy   13 February 2018

When there is clear understanding and agreement between you and your wife for mutual consented divorce (MCD), I suggest both of you to choose only one lawyer to file the petition. Your wife has the privilage to file the petition in any part of India no matter where you belong to and married to. Use that facility to file the petition at the earliest and both of you are certain and be sure of the decree in favour of both of you to drive apart and get married happily based on your preferences in selection of life partners. When none of you challenge the other in getting married, who can question you both if you get married provided the next partner and his/her parents must agree for the marriage without issues. However, it is always safer first to get the divorce from the Court and then only get remarried but never before. None can predict the minds of people now a days,as marriage has become purely a business contract.


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