Hi ,
A joint petition for Mutual consent divorce need to be filed. Both husband and wife need to be personally present for filing the petition not permitted to take signatures and file without her. It generrally requires 6 months minimum as divorce would be granted on second motion.
1.first motion:u and ur wife has to go to court and file joint petition for mutual consent divorce(mcd)....court after accepting it will give a date for second motion which will be six months later from the date of this first motion...
pls note:-mcd can only be filed if the marriage is atleast one yr old means one yr has passed from date of ur marriage and it also requires husband and wife to be living seperately from last oe year...for this u have to provide ur marriage details(invitation card etc) and have to give it in written as an oath..
2.both parties has to be present physically for filing of mcd petition in front of the judge..
3.6 months after filing of first motion of mcd.
4.these cases must be withdrawn by the complaintant on the basis of compromise .
pls note;-im not a lawyer ...just trying to help u..
Her presence is not necessary, but seperate vakalat will have to be filed by another advocate. 6 months mandatory period you will have to wait. After 6 month s and after conciliation stage you will get the divorce.
Sanjay 's reply is relevant. Apreciate Raj too,
Her pr necessary, with Aff to confirm we cannot live togather.
time min 6 months + delay in ct say 2 months total 8 month app
i add: can file 13b only after ONE years seperation
Agreed with Mr. Shroff.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Is Girl is entitled for any alimony in case of mutal consent for divorce. And what the things return at the time of amicable settlement between both parties. Is any amout should be payable beyond "streedhan".
In Mutual consent, the alimony is also decided mutually.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com