Legal Question in Family Law in India

Divorce Under Mutul Concern

Me & my wife seperated after we feel that we are not cannot live with each other from last 6 months, How can we get the divorce from Indian Court (Under Hindu Act) asap .Can we apply in court & get the divorce or court will ask or take more time atleast 1 yr to give degree of divorce .


Asked on 6/17/09, 7:07 am

4 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Divorce Under Mutul Concern

If you are married over 1 year you can straightaway apply in the court,where your jurisdiction falls,a petition under Hindu Marriage Act for seeking a divorce with both the couple's consent under mutualconsent.The Family court may give you a period of six months or more for taking up the case and also suggests for any kind of counselling.This is normal procedure that takes place for any divorce.

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Answered on 6/18/09, 5:10 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Divorce Under Mutul Concern

minimum period of separation is 1 year.

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Answered on 6/18/09, 11:09 am

Re: Divorce Under Mutul Concern

you can file for divorce after the completion of one year of marriage ( only under acute reasons one can file within one year' only with the permission of the court in your case it seems such permission will not be given} and 6 months further after filing for mutual consent divorce only if the court is satisfty with your case and if both the parties are agreed for divorce after 6 months and living separetely the court may pass a decree of divorce but it is pure ly discreation of the court for more details email at [email protected] good luck

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Answered on 6/17/09, 10:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce Under Mutul Concern

The marriage should have taken place at least one year prior to the filing of a divorce petition under HMA; after filing, the court is likely to postpone the hearing for later than six months. thus from the date of marriage till date of divorce, a minimum of 18 months may be required.

The parties ought to have lived separately for more than six months prior to filing of divorce.

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Answered on 6/17/09, 11:15 am


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