Legal Question in Family Law in India

divorce by mutual consent

Hai, I got married just 1 year 2 months back under Special Marriage act 1954, ( all required formalities under the act are fulfilled ) but our parents doesn�t know about this matter till today because after the marriage me & my wife living separately with our parents and there is no sexual relationship between us. Due to our parents not going to agree for our formal marriage, so me and my wife decided divorce our marriage. (1) How to get the divorce with going to the court, is it possible? (2) Can we get divorce through court within a short period i.e., within 1 year ( Both of us are ready for mutual consent ) without knowing to our parents because they are looking for alliance for us ? both we are in Bangalore.


Asked on 5/16/05, 8:08 pm

3 Answers from Attorneys

Re: divorce by mutual consent

Marriage under special marriage act is a valid marriage and as such cannot be annuled by mutual seperation. You must get a court order for divorc. Please contact a lawyer to get the divorce by mutual consent.

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Answered on 5/19/05, 7:56 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: divorce by mutual consent

To Your question yes for divorce, but it will take time maybe within one year or little late.

But both of you sit together and discuss and then arrive at mutually what are your terms and conditions.

Meet Mrs. Hamsa Advocate who goes to court her phone No is 22250936

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Answered on 5/18/05, 4:25 am
Prabhat Shroff Shroff & Company

Re: divorce by mutual consent

It is not possible to get a divorce without making an application to the court.

Yes, you can apply for and get a divorce by mutual consent.

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Answered on 5/18/05, 1:26 am


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