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Usha Gautam (Unemployed)     29 July 2012

Divorce proceedings

Situation: Married for more than 3 years and 3 months ... Moved to a different country 7 months back ... Need a divorce.

Question: What is the best and quickest way to get out of the marriage?



 3 Replies

Tajobsindia (Senior Partner )     29 July 2012

1. By in-chamber discussing with an advocate found via reference and or via LCI lawyers search board
2. By waiting for 5 more month and then filing MCD (Mutual Consent Divorce) joint petition and waiting another minimum 6 months one can have bare minimum quickest "Decree" in divorce proceedings as per Law applied to your facts.
3. If MCD is not possible between parties then forget about "quickest" the facts returns to “contest” stage then it is dependent on work load of Jurisdiction Court but given to understand backlog of pending Cases give minimum 4-5 years for a "Decree".

 

Usha Gautam (Unemployed)     30 July 2012

 

Thank You for your response.

 

 

 

1. By in-chamber discussing with an advocate found via reference and or via LCI lawyers search board.

 

(I have no plans to come to India till next November in 2013. Can I do this step online?)

 

 

 

2.By waiting for 5 more month and then filing MCD (Mutual Consent Divorce) joint petition and waiting another minimum 6 months one can have bare minimum quickest "Decree" in divorce proceedings as per Law applied to your facts.

 

(Why do I have to wait for another 5 months? I have no plans to come to India till next November in 2013. Is my presence required? Can I do the documents and signature via courier/post or online?)


Tajobsindia (Senior Partner )     30 July 2012

 

 

Originally posted by : Usha Gautam

 

1. By in-chamber discussing with an advocate found via reference and or via LCI lawyers search board.
(I have no plans to come to
India till next November in 2013. Can I do this step online?)
Take: It is not called online but virtual media mode. The process is to wait for 1 year completion of marriage as no petition for divorce can be filed before completion of 1 year (though few HC's have allowed so but then there comes competence of an advocate. Now a days many advocates have video conference facility for prospective clients discussion via video links.

2.By waiting for 5 more month and then filing MCD (Mutual Consent Divorce) joint petition and waiting another minimum 6 months one can have bare minimum quickest "Decree" in divorce proceedings as per Law applied to your facts.
(Why do I have to wait for another 5 months? I have no plans to come to
India till next November in 2013. Is my presence required? Can I do the documents and signature via courier/post or online?)
Take: For reply to your opening para see reply above. Yes you can do so except online. First hire via reference an advocate that takes major time. After that tell him the facts. let him draw a draft and courier them to you (soft / hard copy whatever) along with vakalatnama. Once approved means everything as per facts are there in the petition give him signal to print final version and courier to you for your signature and husband's signature. ship it back to him and let him file the same. Wait for the admission order and then due process follows. But behind all these generic facts,  cases normally are not filed before 1 year of marriage your facts is one generic fact as per me. See where you now stand among all these replies.

Also read another related post link where lots of related advise as per Law were given by me to that thread post author and read them to understand other related processes which may arise;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=61392&offset=2


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