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Jogi Bhatia (Employer)     02 February 2012

Divorce by mutual consent in less than 6 months?

I am posting this message on behalf of my friend Arun who got married in Feb 2010. Since I am not a laywer I cannot give any legal advice to him. I hope you guys will be able to help him in this. 

Okay 1 week after marriage the girl started misbehaving with his parents very badly and asked Arun to leave his home and stay with girl's family as she was the only child of her parents. 

Arun refused her proposal and girl went back to her house in March 2010 (within a month). Since then Arun tried hard to talk to the girl and her parents but nothing worked. Now after more than 1.5 years, both families want to sort this mutually as girl is now having an affair with her boss and wants to get married soon. Arun too wants to end this chapter asap and start a new life with her girl friend.

Now can they have a quick divorce (say within a week / month) as both parties want a mutual divorce and the separation period is more than 1.5 years. 

Some laywers told me that it will still take 6 months? Now why is this so? Why our system is hell bent on delaying this by 6 months when both parties do not wish to see each other for a minute? Can't they get a quick divorce so that they both can start their new lives? 

Please suggest.



Learning

 13 Replies

Shaulabh Shah (advocate)     02 February 2012

Hello..

I respect your feelings... But no one beyond the Law...

One other way to get quick divorce by mutual concent is,

If your friend caste permites that type of divorce.

Regards,

Shaulabh Shah

Advocate

Website: www.shaulabhshah.com

Chaitanya_Lawyer_Mumbai (Lawyer)     02 February 2012

They will have to present MCD(Mutual consent divorce) petittion to district court & get decree after 6  months.Divorce is not granted immmediately in india.  

Jogi Bhatia (Employer)     02 February 2012

Hi, Thanks for your replies. But I have also heard that if both parties are ready for divorce, they can have a meeting accompanied by relatives, neighbours and senior members of society where both parties can make an agreement that they will have no relationship of any type with each from now onwards and then all members present there (witness) sign this on a stamp paper (agreement). 

It is then treated as a divorce. 

Can this be done to avoid waiting for 6 months?

Is it legal (the pachayat system)?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 February 2012

Dear Bhatia there is no rule for six months in divorce petition it may be extend 6-18 months, according to hindu law or indian law there is no provision for that type divorce.

Shantanu Wavhal (Worker)     03 February 2012

@ the author, 

never try out of court divorce.

 

Shaulabh Shah sir, 

kindly explain

how to verify that out court divorce is permitted or not ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 February 2012

They would need to wait for minimum six months.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

3 Like

K.P.Satish Kumar (Advocate)     03 February 2012

If they have any legally sepration period in other than divorce proceedings, they can ask the court to dispense with the satutory sepration period.

K.P.Satish Kumar M.L.

Advocate Chennai

https://yourdivorceadvocate.blogspot.com

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 February 2012

No quck Divorce in India 

MCD  process to get decree 7-10 months

Britney Allen (Lawyer)     03 February 2012

Hi Bhatia there is not any control for the purpose of few months through separation case it will be provide 6-18 a long time, as reported by hindu legal requirement and / or native american indian legal requirement there is not any provision to make the design separation.

Los angeles family law attorney

Family law in los angeles

 

Shaulabh Shah (advocate)     03 February 2012

Hello...

I already explain my opinion in my reply but somehow you not read properly....

For more detail you may read my Blog on " Divorce As Per..." in my Website: www.shaulahshah.com in Blog page section....

Regards,

Shaulabh Shah

Advocate

Website;- www.shaulabhshah.com

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 February 2012

Mr. Jogi,

If a person wants to marry while the spouse is living, a divorce should be obtained. Divorce is granted by a court on valid grounds. A divorced person may remarry provided the decree has become final either by not being appealed against or by the appeal being dismissed.

Britney Allen (Lawyer)     10 February 2012

In case a particular person desires to get married to even though the husband or wife will be dwelling, any breakup needs to be received. Breakup will be of course by way of a court docket about appropriate coffee grounds. Any divorced particular person may well remarry offered the particular decree is now ultimate both simply by not necessarily getting appealed in opposition to or perhaps from the charm getting terminated.

VIKAS SINGH (CEO)     08 September 2013

Hey all please have a look at this article.

https://articles.timesofindia.indiatimes.com/2012-09-26/mumbai/34101324_1_divorce-plea-mutual-consent-grant-divorce

It says 

‘No waiting in mutual consent divorce’.

So does it mean that the couple can get separated by mutual consent in 1-2 months time ??

Please help.I need an urgent help for a friend.


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