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waheguru   01 October 2015

Need divorse, statying seperatley from 3 years

Dear Experts,

I and my husband are staying seperately from last 3 years because of false commitments done by my husband, his wrong habits like extra marital etc. I tried to forgive his wrong habits and tried to improve him but of no use. Finally two weeks back I asked my husband for the seperation since things are not working out and it is spoling life of both and he agreed for the mutual divorse. 

We both now want to get mutual divorse as soon as possible as three years are already gone and spending more time to build this relation back is of no use. I want to know from experts following:-

a) How soon can we get mutual divorse and what is the process?

b)Will the court still give us 6 months to re-think even if both husband and wife dont want these 6 months.

c) Do we both need to hire a lawyer or do we have a provision to go in court and file divorse by ourself?

Thanks

 



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 2 Replies

sandykrish (Interested in Family LAW)     02 October 2015

1. 6-18 months. 2. It is SC directions no reduction in cooling off period. Wife doesn't want means is she Earth godess? 3. Hire one advocate who could represent both. If not go to court complex and approach admin cell state that you both don't have money to pay legal fee. Court will arrange free lawyer service. Hope this answers your questions, I'm harsh with my words because Indian system has flaws which could not smoothened. HMA always aims at uniting couples.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

If there is no scope for a reunion for both of U,MCD is the best possible way to get divorced.It will take a minimum of 6 months and a maximum of 1yr if there are no disputes in between.Its better to engage lawyers because what ever U mention in the MCD petition U have to abide by it in the conduct of the proceedings.


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