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eby (engineer)     03 October 2008

Divorce by mutual consensus

Dear sir

I got married recently but I would like to divorce her as we arent compatible and she is continuing her previous relation through mail and phone. On enquiring I am told to approach a family court and file a divorce for a mutual consensus. Currently I am residing with her in middle east and plan to visit india to settle it at the earliest.

I would be greatly obliged if you could advice me on the proceeding and documentation required. Also is it possible to file a mutual divorce on the grounds of non compatibility avoiding adultery to spare her family from the shame

I would look for your valuable advice

Yours sincerely

Eby cherian








 6 Replies


for obtaining divorce by mutual consent, you require to file the documents to establish the marriage between you and ur wife i.e., wedding card, joint photograph, ration card etc.,   For filing divorce by mutual consent, both parties i.e., yourself and your wife has to present the application before the court by signing the same.   The divorce application has to be filed in the court where teh marriage has taken place, or where the couple lived lastly together or at the place where the husband resides or where the wife resides.  For rest of the information, contact me over my mail or mobile.



Adv.Shine Thomas (Advocate)     04 October 2008

You can file a petition for divorce by mutual consent.For this both the parties together have to present before the Court.

More details contact:  9447214551

Sankaranarayanan (Advocate)     04 October 2008

first u have to keep ready all document evidence related ur marrige . if  u both agree to get deverse in mutual consent then both to be live seperate not in the same shelter. accourting ur words that  u both live in same place. then r u ready to give any compensation  that details u have to furnish . then only  , can advice u in proper way

Adv.Shine Thomas (Advocate)     04 October 2008

Dear  Eby,


Divorse is a solution in unavoidable circumstances only. but if you both parties are decided as a must, both parties to be present before the court to file a joint petition with another petition to avoid six months time which is a pre reqisit. Joint petition can be prepared without hurting the wifie and get the divorse. when was the marriage?, any issues, any common property to be divided? .Please give the full details or call me after 9.00 p.m. today.

My e-mail ID:

Ajay kumar singh (Advocate)     04 October 2008

By mutual consent decree of divorce can be obtained only if the other spouse is ready for it. Else you will have to obtain it from a family court/court of the District Judge on contest.

Sanjeev Dudhat (Lawyer)     06 October 2008

If you are married only recently, then it would premature to file any proceedings for divorce in the court of law. All personal laws precribed a minimum time to adjust to the marrital relations before u could go for a divorce. There should be consideratble period of non cohabitation to seek a divorce

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