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AD (Sr. Ful Exe)     18 January 2010

Divorce by Mutual Consent

I want to know about the Divorce by mutual consent.

We have been married since 3 years, but we are staying seperately, She stays with her family. Because her family members do not know that she is married to someone. Now, we have come to know that we can not be together. We cant be happy living with each other. Hence we want to file a divorce. But the problem is that I/We do not want her family members to know anything about the marriage or divorce or it would cause her many problems. My family members do know about the marriage. She do not want to be with me as our habits or tastes do not match at all, our thinking is very different. Can we apply/ get Divorce based on these background? in such a case? Will it cause any trouble for her?? How many months will it take to complete the procedure?

Please help...



Learning

 7 Replies

Prakash Yedhula (Lawyer)     19 January 2010

You need not mention the factual reasons in the petition for divorce by mutual consent. it is enough to say that the marriage is irretrievably broken and no possibility of re-union. Normally it would take 6 months. 

 

Hardik Mehta (Family Counsellor)     19 January 2010

AD,

How did your marriage happen? Do you have any registration or any other certificate or photograph of the marriage? If the registration is not done and have the photographs, then this is possible, otherwise you need to establish the fact that the marriage has happen, in case registration of marriage is not done. I am asking you since her parents do not know about the marriage.

vijay sahni (LAW PROFESSIONAL )     19 January 2010

Dear, Very surprise your family knows, but not hers.Its seems you are wrongly quoting  your relationship as marriage because you are concealing the facts which is forbidding the members of the club to respond & guide you in this regard.

But any how, if it was a relationship  out of affection, attraction or miscalculation , known only to you & her, than execute a mutual consent & forget. But if your relationship is registered in any form ( Court marriage/Temple marriage/Arya Samaj/any religious ceremony} & witnessed/attended by atleast four members, you are suppose to take course of law for divorce. Execute a mutual divorce consent duly signed by both of you & file it with the competent marriage court for divorce.  The girl parents are not suppose to attend the court proceedings ( As you said even after three years of your marriage the girl parents are unaware of the facts ) The girl may be called to attend three to four hearings which she can do,  which seems with your eagerness & willingness to seperate.

AD (Sr. Ful Exe)     19 January 2010

Thank you for the reply. We got the marriage registered in the presence of registrar, i have the marriage certificate for the same. I did not want to break this relationship, but she wants to end this desperately claiming that she is not happy with me,as we are not compatible. I want that it should not cause her more problems. We did not tell her parents regarding the marriage cause she said they will never allow of our marriage or affair. It was a mistake from my side to do the marriage so early but i never intended this to happen.

AD (Sr. Ful Exe)     19 January 2010

I have heard that notices are sent by the Court to the Address of both applicant. Is it true??

Also can anybody tell me is it possible to do so without letting her parents know about it. What will be the time period? On what grounds shall i file the divorce? Aprx fees for the procedure?

If possible, please reply.


(Guest)

I read your query. First of all, you say you are still interested to live with her. But she denies. Hence if you file divorce by mutual consent, it will take minimum six months. Instead she alone may apply for divorce on some ground of unwillingness, etc., and notice will be sent to you through Court Bailiff / Regd. Post. You may refuse to receive the Court Notice / Regd. Post. You will remain ex parte. Immediately, the divorce will be granted in her favour and I think all this should be over within a short span of time (say about 2 to 3 months).


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