P Dutta (YY) 28 June 2011

Query on Divorce by mutual consent

Hi,

I(from Pune) and my wife(from Mumbai) got Married in Feb-2011.Both of us are working and thus there are no financial dependancies; all the money/finance related issues have been mutually sorted out.

Due to certain differences, we want to get separated - 'divorce on mutual consent'. I have some queries:

[1] My wife has sent me attached document title "Divorce Deed" on which I need to sign. Is this document legal and enough as proof of divorce? Is the "Divorce Deed" registered somewhere (e.g. Marriage Registrar's office)?

[2] What is the earliest time by which we can get the 'Divorce Decree from court' and what is the process to get the same?

[3] Based on our details above what would be the lawyer charges? Can both parties hire a common lawyer to get the divorce and reduce the lawyer fees?

[4] Is it easier/quicker to get divorce if the girl's family files for divorce at Mumbai while I stay at Pune?

Thanks,
Prabhat

Reply Follow

5 Replies

Advocate M.Bhadra 28 June 2011

With reference to your query please note the following: 1) without any court order The Divorce Agreement is not valid. 2)Before Feb 2012 you would not file any suit. 3)Fees varied from lawyer to lawyer. 4)Provision of laws are suit to be filed where the Marriage was solemnized or the couple was last residing.

Mr. Jayashree Mahto (advocate) 29 June 2011

What is the procedure for court marriage and what would be charges of the lawyer

Sajeev Menon (Legal Consultant Dubai 00971 508836442) 29 June 2011

Dear Mr.Dutta,

As Mr.Minansu stated there is no divorse document valid if it is not decreed from the court. You can file a joint petition by assigning a single lawyer but as per law one year should be elasped after marriage to file the pertition for divorse but still you can file it with a petition stating the urgency of this order of divorse as both these parties cant be together any more.

,,,,,Sonia (Others) 02 July 2011

Dear Concern...

Need to confirm Is Marriage done in a Temple (called gandhaar marriage) which is not publicised ?

Whether Law believes this type of marriage Legal / valid marriage ..or not ?

If yes ,then whats the procedure to get separated after few days of this marriage ? and can Boy marry again easily ...or need to file Divorce case ?