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 .
4 Answers from Attorneys
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.
Re: Divorce Under Mutul Concern
minimum period of separation is 1 year.
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
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.