krishan (Engineer) 03 December 2012

Self agreed divorced

Dear ALL,

My wife is staying at parental home since last 11 months and she tool my biy child along her when he was only twenty days old. when ever i want to talk her that i want to see my child her family and she refused to do me.

Also she treat me she will give me divorced but she is not ready to go in court compound she can sing any leagl papers at any place but she would not want go in court,

My question is that is there is any such type of provision that she can give me divorced out side the court which is can be legal and valid as in hindu marrige act law.

Also i want my child back what is the procedure for that!

Pls help in this matter.

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2 Replies

Goutam Prasad (Advocate) 03 December 2012

There is no way for mutual consent divorce without court appearance. Divorce through court either mutual consent or otherwise needs court appearance of both parties. However, if you file divorce petition and she does not appear in court even after service of summons, court may move ex-parte and decide on the basis of your petition. In that case you not require her signatures any where.

As far as your child is concerned, you can move court for custody of your child. However, generally court grants custody to mother till age of 5 years child untill there is very strong reason. But, if you move such petition you may at least get right to meet your child periodically.

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