Legal Question in Family Law in India

Divorce

we both r married for 7 years without kids and mutually want to take divorce.

Request you to explain the procedure and how long it wud take to separate.

i hav taken one flat on loan will my wife gets anything after separation.

pls note that my wife is also a employee earning 3.5 lacs per annum .pls advise


Asked on 8/27/06, 5:26 am

5 Answers from Attorneys

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Divorce

If the seperation is due to mutual consent then there is no problem. All contingencies are required to be mentioned in the seperation agreement so that there is no problem in future if you unite with some other person. Contact a good lawyer to prepare a proper document.

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Answered on 8/27/06, 10:37 pm
Prabhat Shroff Shroff & Company

Re: Divorce

A mutual consent divorce may take six months from date of filing. Unless you want to, she may not have right over the flat. However, you may have to agree to pay alimony/maintenance to her, as may be fixed by Court, unless you agree in writing that alimony is payable.

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Answered on 8/28/06, 12:44 am
Ankur Mittal MITAL & MITAL Advocates

Re: Divorce

The procedure is very simple and owuld be completed in couple of months time. you can contact our office for details.

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Answered on 8/28/06, 5:48 am

Re: Divorce

dear,

kindly state your country.

if you are in india, obtaining a divorce with mutual consent is not much of a problem.

there would be two motions at the interval of six months.

the first motion has to be moved as a petition for divorce with mutual consent before the court of competent jurisdiction on the grounds that the marriage has broken down irretrievably.

at least six months after the first motion, the second motion is moved. the terms of compromise and details of alimony has to be mentioned in the petition itself.

for further details, you can contact me.

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Answered on 8/27/06, 6:17 am
Siddhartha Shah Siddhartha Shah & Associates.

Re: Divorce

As per your query, You can definitely obtain Divorce by mutual consent, which can be obtained by abiding following terms i.e (1) a Petition of divorce my be presented to the district Court or a Matrimonial forum by both the parties together on the ground that they have been living separately for a period of one your or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion/ petition of both the parties made not earlier than (six months) after the date of the presentation of the Petition , and after making such inquiry as it thinks fit, that a marriage has been solemnized under appropriate law & the Petition being true, the court passes a decree declaring the marriage to be dissolved with effect from the date of the decree.

In short after filing the petition you will have to wait for six months for the final order /decree of divorce from the Hon'ble court.

Hope this should clarify your query in brief

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Answered on 9/09/06, 2:10 am


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