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Shanti Shah (-)     11 September 2009

Need to get Divorced

I got married last year (10 months abck), since then me and my husband are not finding us compatible enough and are not comfortable in living together.

We both have tried a lot of times to patch up and compromise but it is not working at all. The quarrels sometime lead to physical beatings. We both us have explained this to our families but they are not taking much interest as it gives a bad image in society. We mutually have decided get separated and move ahead.

Could you please suggest what will be the procedure to get divorced in India. Currently we put up in Ghaziabad.

Do let me know in case any details are required.

Consider this as urgent as we want this at the earliest.



Learning

 9 Replies

Shanti Shah (-)     11 September 2009

 Also in addtion to the above request, my husband has consulted one of his cousin who is an advocate by profession in any other city.

 
He told me that I would be receving a Divorce notice from Court very soon and I needed to reject the same.
 
Please suggest what can be this notice for? And what should be done from my side on its receival?

aruntrivedi (lawyer)     11 September 2009

Hon'ble Shanti : If you both are agree for Divorce you can file joint petition for consent divorce decree under Section 13(B) of Hindu Marriage Act or else it appears from your husband's friend's say they will put up under section 13(A) and will attempt for ex-parte divorce. Any way you may get divorce. After gtg summons from Court you can go to court and depose that you have no objection in giving divorce.

1 Like

Mrs. Hetal Sunil Shah (Advocate)     11 September 2009

arunji is right - proceed and follow accordingly.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 September 2009

First of all you have to made a compromise deed werein both of you have to made settlment for mutual divorce, then you both can file mutual divorce u/s 13-B. within two to three dates within 6 months, you will get divorce.

adv.kamal.grover@gmail.com

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     11 September 2009

in d metrimonial matters i am with d advice of kamal .

Shanti Shah (-)     18 September 2009

 Thank you all for your kind advises.

I have also heard that we cannot go for a mutual consent if we have not spent atleast an year after marriage. Please throw some light on this too.

Also, as our marriage was not registered anywhere, his lawyer is advising to get it register to 2 years back date for which the lawyer can help in doing the same. And then this can be finished  within 6 months, else it will take around 1 year or even more. Please confirm what are the risks involved in this process.

Also please let me know whether this can be done by filing it now itself as we havn't completed 1 year of marriage. Or else we have  to wait to complete this tenure and then file it.

Shanti Shah (-)     18 September 2009

 Thank u Mr. Kamal for your advise.

 

Please suggest on my query stated above this post.

 

Also, please tell me what is the procedure of making a compromise deed and then filing a mutual divorce as mentioned by you.

Also if u can suggest any good divorce lawyer in Ghaziabad, who can help me out on this.

Shanti Shah (-)     20 September 2009

 Please reply back..!!

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

u can send your detail online to me and our expert can prepare the draft of compromise deed between u but the the detail of compromise u have to settle amicable with your husband like dowry articles, maintenance and divorce amount etc. it is usually depends upon husband income and status like starts from 2 lac to 15 lac.

About registration, you dont require, if there is no proof then with the consent of both of u can write down that it was before one year.

But my suggestion is write the correct date and if you will prepare the draft first then u can file ur case for sepration even before one year and after getting sepration order from court then later on you both can file mutual divorce.

Moreover there are only one or two months left then while preparing ur case it will be spend easily.

send ur detail at

adv.kamal.grover@gmail.com

09814110005


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