Legal Question in Family Law in India

Background.

My niece has been married in India under HMA 1955 in 2015. After marriage, both husband and wife have moved to Europe. About 6 months back, my niece joined a service there. Her earnings are more than her husband's.

Now, they do not want to continue with the marriage and want a divorce. Our efforts for reconciliations have failed. They do not have any issue.

Queries.

1. On mutual consent basis, what documents are required from them? Is there any standard format?

2. How long it will take?

3. As both of them are occupied abroad, can it be granted without their physical presence in India? They are not interested to get divorce abroad since they are staying in different countries.

4. Is it mandatory for mutual consent to stay separately for at least one year?

Thanks and regards,


Asked on 6/01/16, 12:51 am

2 Answers from Attorneys

1) No. Ur Attorney will draft based on facts.

2) 6-12 mnths.

3) They hv to appear in person.

4) cool off period of min 6 mths a must except with special leave of SC.

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Answered on 6/01/16, 1:59 am
prasad patil

Dear client to file mutual divorce one year separation is compulsory. They have to appear in person in court. They will get divorce in six months. For any legal help call me

Adv prasad patil

Pune

9604349028

8446247807

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Answered on 6/01/16, 2:59 am


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