Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Suresh Nair (Manager)     06 October 2014

Mutual divorce from my wife

Hi Team,

        I don't know how to start ! I always think in my young age why everyone goes for divorce..... they are mad. Now I am also standing at the same door. I had married 12ys back in Arya Samaj Mandir - Mumbai by going against my parents. 

Now life is become so hard ! we are staying in same house, but no relation or talk & only bad words + fight happening (Vocal Fights). This is effecting our 9 yrs daughter. So yesterday we both sat & came to a conclusion to get mutual divorce to save our child going mad with our behaviour & fight.

I have not registered my marriage any where ! just I have arya samaj mandir marriage certificate.

Now the actual question : 

1) Is it possible that we with mutual understanding say we are not stay together more that 6 months (which is not true) but my wife will support ?

2) Is there a legal procedure through online ! so I can file the Divorce petition ?

3) Is it necessary or procedure of term called separation filing & what is it actually, if it exist ?

4) Baby would be in my fathers house ! when ever she wants I let my child to meet her mother, No stopping on that. But we will not face each other?

Plz guide me Team : This is first time happening in my family, feeling so bad & cant talk to any one regarding this so I need you help.

Because thinking of Shame, we both harshly pulled this relation 12yrs. But finally we failed......


 3 Replies

V M DAHAKE (PROPRIETOR)     06 October 2014


 You can go for divorce by mutual consent. Process is simple if both parties agree on child custody and other issues.

 From the tone of the email, there seems to be fair chance for reconciliation. Why not try it first by taking help of some professional marriage counselor / well wishers.

Adv. Chandrasekhar (Advocate)     06 October 2014

One last time, you both go together to an advocate with whom you both have confidence.  So, he will intelligently draft the mutual consent divorce petition taking care of the interests of both of you along with the child, to  obviate any future complications.  Intelligent drafting is required in the petition of your case.

Kapil Chandna (Lawyer at Supreme Court of India)     06 October 2014



Get the divorce petition drafted and the file the same to the court having jurisdiction to entertain the same, also mention the child meeting thing in the same petition in your interest and for avoiding any future conflicts.


Advocate Kapil Chandna


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