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rajaditya (manager)     26 April 2011

Mutual consent divorce after 6 month of marriage

Hello,

seeking for your valuable suggestion on below mentioned topic !

Myself Raj got married on nov 2010 and it was an arrange.  We both were never happy as it happend bcoz of parents pressure. After 3rd day of marriage, We decided to get seperated. we both mutually agree to disolve this marriage and both are not happy to continue in the same situation.  

Please suggest, 

1. We both belongs to Jodhpur and married solemenised at jodhpur Only. Can we file case in diffrent town of state ( i.e. jaipur) as We want to keep the case unreveal untill get the divorce formalties to be done.

2. Is is possible to file mutual consent case after 6 months of marriage.

Please suggest.

 

Raj



Learning

 15 Replies

vinod bansal (lawyer)     26 April 2011

As per HMA One year seperation period is must  for mutual decree of divorce.

vinod bansal (lawyer)     26 April 2011

13 B HMA Petition within one year period of marriage is not permissible,but supreme court can waive this period in extraordinary circumstances.

1 Like

Tajobsindia (Senior Partner )     26 April 2011

@ Author

1.
Unfortunate case of you the young couple.


2. But then see many a couple in similar situation still living under same roof carry on till appropriate time for court activity as per prevailing personal Law comes and they make use of it and later announce to elders of families.


2. As per Law, Jurisdiction made to please either the party to a suit is not appropriate way out. It is fraud upon the court. Why resort to that when both of you have almost thought to separate.


3. Hire a straight forward Family Law Advocate from Jodhpur Family Court after 1 year have passed (i.e. another 6 months wait) and it is just a matter of killing rest of the 6 months is it not so and it just flasshes out easily. Before this ld. Advocate make an amicable joint signed / notarized agreement of compromise of past, present and future maint. / pmt. alimony stuffs for HER and present jointly a Mutual Consent Divorce Petition in family court. As per current Mutual Consent laws 6 months waiting period before second motion is required so say 1 more year to set each other free if that is really what you both want !


4. In Para 3 if both of you are orthodox and donot wish to involve parents from either side then being consenting adults still MCD could be done and once a decree pops take courage and tell the elders of the family but consider ironing out so called differences between either parties present temperaments meantime.

Whatever it is yours and hers joint take now....

 

1 Like

rajaditya (manager)     26 April 2011

@taj jobs india

Sir,

Is there any possiblity to file the case in diffrent city as we both dont want to register a case in jodhpur. 

Apart from it, thanks for your valuable suggestion.

 

 

Tajobsindia (Senior Partner )     26 April 2011

@ Mr. Raj

I apologise for making a hasty reply. In my opinion in your case MCD will not apply if somehow both of you have made up mind and planning to approach Court for Divorce.

The reason being;

1. It seems both of you due to
samaj / biradari pressure may not like to live seperate for MCD yet looking for a quick way out presently. But, for MCD both of you need to be living 1 year separately which is one of the pre-conditions.

In such situation the only option in my opinion in presented briefs is using S. 14 HMA where you have to show "extreme hardships" and be parted with each other on merits.


Coming to your second que. I must say your ld. Advocate will show a way :-) However I am reproducing clarity on Jurisdiction i.e.

S. 19. Court to which petition shall be presented.

1[19.Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--

(i) the marriage was solemnized, or


(ii) the respondent, at the time of the presentation of the petition, resides, or


(iii) the parties to the marriage last resided together, or


(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

  

 

1 Like

ManojKumarP (student)     27 April 2011

I would like to ask three questions.. 

 

1.  Is your marriage legally registered??

2.  How long is it after registry.

 

With my limited knowledge, if it is before a month, any of ur family members can still file an objection for the registration of marriage, which will just dissolve the marriage without any divorce formalities (hope i am right)...

 

1 Like

kranthi ramana (Advocate)     27 April 2011

hi, 

you can't file mutual consent divorce petition before lapse of one of year of marriage and yes you can file petion for divorce in any other place/town/city by showing the you two or any one was residing in that particular city/town etc

1 Like

Mahalakshmi (Advocate)     27 April 2011

 

Hi,

Now a case is pending before the Hon'ble Supreme court of India whether the courts below can dispense the statutory  waiting period of 6 months when the mutual consent divorce application have been jointly filed by the husband and wife after one year period.  Hence at present you have to wait. In future if Hon'ble Supreme court of India has passes an order to waive the period of six months then you can get divorced immediately after filing of mutual divorce petition.  

 

                                                               Mrs. S.P.MAHALAKHSMI, B,A.B.L.,

                                                             ADVOCATE ,COIMBATORE ,TAMILNADU  

rajaditya (manager)     28 April 2011

My marriage is not legally registered in court. Please advice as i hv mentioned above, We both want divorce therefore,  is it mandatory to get marriage registered done before register a case of divorce..???

Please suggest

Raj

Tajobsindia (Senior Partner )     28 April 2011

Originally posted by :rajaditya
"
My marriage is not legally registered in court. We both want divorce therefore is it mandatory to get marriage registered done before register a case of divorce..???

Please suggest
Raj
"

@ Author

1.
NO It was made compulsory only since 2008 and many a STATES are still onthe verge of implementing it. So relax.
2. For MCD both of your current passport pics will be affixed and you may annex marriage invitation card or pics. of saptapadi / mangalsutra tying / applying mark of kumkum (either one of them), address proof and a witness to vouch both of you that is all.
OH, BTW happy liberation but do both of you think a last time about it and if there is still chance for some minor adjustment based re-conciliation among a couple then married life is still worth continuing brother………..  

1 Like

kranthi ramana (Advocate)     29 April 2011

hi,

 

it is not necessary to have a marriage registered for filing a petition for divorce, even without having any cetificate of marriage, you can file a petition

sheela subbarao (Advocate)     30 April 2011

you can file petition before the family court divorce on mutual consent only after one year of marriage and the same is mandatory. you need to complete one year for having been married. This is under Hindu Marriage Act.

sheela subbarao (Advocate)     30 April 2011

you can file a petition before the family court  for decree of divorce on mutual consent only after one year of marriage and the same is mandatory. you need to complete one year for having been married. This is under Hindu Marriage Act.

sheela subbarao (Advocate)     30 April 2011

you can file a petition for decree of divorce after completing one year of marriage on mutual consent. This is mandatory.


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