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Divorce

Namaskar to everybody.

I am an Italian girl of 24 years of age, still student, but I got married on 5th September 2014 in Saket Court to an Indian citizenship from Orissa, but resident in Delhi. For personal reasons, our wedding is not going well... We argue a lot and, actually, we are even far. I bought his ticket to Italy with my savings, I submitted our marriage certification to the Italian embassy in Delhi to proceed with registration and get his Visa, but now I don't have the economical possibilty to buy mine and join him... It should be, in fact, his duty as husband and he is not doing, he is taking too much time.

I want to know what is the procedure to divorce (I am quite sure he would give me the divorce for mutual consent because he realized I am not happy at all because of this situation), the cost, the time it takes and if it is possible to annull the wedding like if it never happened. And I would like to know if it is possible to divorce without coming to India or without he comes to Italy.

Thank you in advance.

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 12 November 2014

Dear, To annul the marriage like it never happened is not a good suggestion, bcoz its a court marriage, mutual consent cannot be filed before 1 year of marriage and sepration, no for mutual divorcee both were required to be present, but exceptionally court may allow some one with power of attorney to represent. Adv kapil chandna, 9899011450

Advocate Ravinder (Advocate/Attorney) 12 November 2014

Wait for one year and then apply for mutual consent divorce as advised by kapil chandna. You have to obtain divorce in India only. You can take divorce in italy but it will not be used in India.

Or you can also file annulment of marraige saying that there is no conjugal relation (s*xual union) between you. For that your husband has to accept that he is impotent. If he agrees for that you can go for annulment of marraige. You will get the divorce within two months. For further details feel free to call me 7893011777 or ravinder2345@gmail.com.

Anand Bali Adv. (Advocate Solicitor & Consultant) 14 November 2014

For Divorce petition on either grounds you have to wait for at lest one year from the date of your marriage to apply.

In case your want to apply for the declaration of your marriage as Null and Void you can apply within one year but under the provisions of Sec 11 read with the Sec 5 of the Hindu Marriage Act if the marriage is done under Hindu Law and also under the special marriage act.

You can meet me in person if you like to discuss the case at your convenience. I am at Delhi only as a practicing Lawyer with specialisation in matrimonial cases .