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jitesh (job)     31 July 2009

divorce by mutual consent

i am working abroad. before 3 months i got engaged, On the same day we had done register marriage. I need this register marriage certificate to apply for wife visa. as family visa took 6 months.  Accordingly we have planed to make grand celebration in diwali time as traditaional marriage.

on the next day of register marriage i have traveled abroad. means both of us were not together for 1minute. but now girl is not interested to come abroad. i am not interested to come back in india.

so after 3 months of telephonic discussion we are agree for divorce by mutual consent.

1)in such case how much time will court take?

2)both parties are agree on this issue. and only family members are aware about register marriage. could court can settle issue in single date?

3)how should i proceed?

4)could u suggest me best possible option? so that it will be very easy for both parties.



Learning

 14 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 July 2009

 you can very well file and application before the family court. But law needs atleast one year in case of a Hindu to apply for divorce..

Kiran Kumar (Lawyer)     31 July 2009

marriage is supposed to subsist for one year prior to filing of divorce petition on the basis of mutual consent.

 

jitesh (job)     31 July 2009

@Mr.Kiran Kumar:

As both parties are agree ,is there any  solution for such case?

Girl wants to get free as early as possible and want to settel her life. Please guide me.

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

the divorce by mutual consent can be granted by the court on the basis of power of attorney executed by you in whichever country you are.  the power of attorney needs to be attested either by notary public or consulate there.  you may executed the attorney in favour of any relative or friend of yours and he would represent you in the court.  as in your case, the girl would co operate, the divorce by mutual consent may also be done within a month or so.  certain applications need to be filed u/s 14 and u/s 151 of CPC for early disposal of petition.

jitesh (job)     31 July 2009

@lawyer_rajiv

Thanks for ur advice.

I am able to come india for filing petition. Both parties together file petition. How to proceed in such case.

how many days would take for diposal of pettition.

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

even if you do not want to come to india, still you will get divorce by executing an attorney.  in a recent case, the boy is in UK and his father was his attorney.  the matter was disposed off within a week.  now am filing the petition for quashing 498a.  the courts are liberal in case the attorney is written with caution.

jitesh (job)     31 July 2009

@lawyer_rajiv

Under which section can file pettition.

How much time it would take? do u have simmilar case reference.

 

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

the petition for mutual consent can be filed u/s13 B(1) n (2).  the first motion is filed under sub section one and other under 2.  in your case as the marriage has not completed one year and you not staying separately since one year, an application u/s 14 also to be moved for waiving the period of one year and also an application u/s 151 for waiving period of 6 months between both the motions. 

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     31 July 2009

Divorce petition by mutual consent under Section 13 B of Hindu Marriage Act  can be filed after one year of the marriage.  After filing such petition Court can pass decree after six months but Court can also pass decree of divorse by mutual consent before six months in special cases.

VIPIN SHARMA, Advocate

337, Akron Ka Rasta, KIshanpole Bazar, JAIPUR-302001

Mob. 961000043

jitesh (job)     31 July 2009

@MR.VIPIN SHARMA

In my case both of us are not lived together for 1 minute. Register marriage certificate i need only for processing visa application. that is only reason i had done register marriage.

In my case can u suggest how should i proceed?

 

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     01 August 2009

As soon as marriage is registered it is complete marriage in the eye of law. it doesn't make difference that registration was obtained for visa purpose.

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 August 2009

 I agree with Vipin sir as you or our wife or both even cannot say or convince the court that marriage registered only for he purpose to obtain visa....

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     03 August 2009

You may proceed for divorce before one year but it is upto court whether grants your application or not. but is must to get divorce. There are varous ways also.

For More detail, Mail your detail to the undersigned;

Mr. Kamal Grover, Advocate (Chandigarh, India)

M: 09814110005

e-mail: adv.kamal.grover@gmail.com

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.

Regards and good luck 

Praveen Srivastava (partner)     23 April 2010

I have been married for 3 years and for the last one and a half years we are living seperately, I want a divorce from my wife through mutual consent, but there is a problem that my father who is no more has registered a will in favour of both of us.
I want to know that after divorce what will be the status of that will because according to my fathers will both of us have equal share in his property. My father is no more alive and we do not have any child.
Kindly advise me.
Thanks


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