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gauri (none)     08 March 2011

Mutual Divorce - no alimony require

Hi,

I would like  to know what are the requirements for mutual divorce.

Is there a way to get it done before the 6 months wait period? My husband wants it this way.

I dont want any alimony nor anything else, just a simple divorce.

Are there any formalities and what documents are required.

Please let me know.

Thanks and Regards,

Gauri



 5 Replies

Roshni B.. (For justice and dignity)     08 March 2011

u both shud be living separately for minimum 1 yr. atleast.

reach an amicable settlement and sign it alongwith ur husband.then a petition for mutual divorce can be drafted by ur or his lawyer.read it carefully and them sign it.then this petition will be presented in court where u will be reqd. to sign the 1st motion.

after 1st motion u have to wait for 6 months.no court  canreduce this 6 months period.only SC can do it.

 

1 Like

pramod (lawyer)     08 March 2011

depending upon the posting duration on the family court ,

if the case is posted after 1-2 months of filing, either of u can file petition

against the other with some allegations (not of serious nature)

and the other remains exparte, the divorce can be obtained

within lesser period( but depends on the duration between

the posting dates of family court in which u file petition)

indrajit mukhopadhyay (lawyer)     09 March 2011

It doesn't matter whether you require alimony or not , matter is that after filing of the said matrimonial suit  final hearing to be completed from 6 months to 18 months, statute says so.

prior to filing the said suit both the parties must have to live separately for a period of 1 year. But if anyone wants to file the said suit within a peroid of 1 year then the petitioner must have to prove that he/she was under the exceptional hardship, and when the leave is granted filing of the said suit isallowed.

indianzindian (business)     10 March 2011

meanwhile.. .you both can make an agreement on stamp paper under the guidance of some good lawyer.and in that you can include .. both of you want to break your marriage willingly ,no alimony is required,eacothers items have been given, from now on would have no objection and interference in eachothers life.detailed drafting you can get from a lawyer.good luck to you.

Manoj Sharma (advocate)     11 March 2011

You have no other option but wait for 6 months as the Supreme Court had laid down in judgement that this period cannot be waived and its solely up to you if you want any alimony or not. Also any other agreement will not be be of any use in the eyes of law.


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