Legal Question in Family Law in India

how to get a divorce from a registered marriage

we got married in india 6 months ago

without letting our families know.Our

marriage is registered as we got

married in the court.I then moved to

the U.S and things were not working

out and so we have decided to part

our ways.We are getting divorced on

the basis of mutual consent and she

does not demand any alumni. Can

you please tell me the procedure and

the documents that would be

required. Can you also tell me if my

physical presence back in india is

essential or can the lawyer take care

of it. And the duration it would take

for the complete procedure as i cant

get a leave from my job for more

than two weeks. Also our religions

are different.I am a muslim and she

is a hindu.

thank you

hussain


Asked on 6/24/08, 2:06 pm

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: how to get a divorce from a registered marriage

in hindu law u need to approach the court for mutual consent divorce and u wil get it in short time

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Answered on 6/26/08, 6:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: how to get a divorce from a registered marriage

Dear Hussain,

I assume you are in USA and she is in India?

If you seek divorce in India even by mutual consent, your presence in the court will be required on at least two occasions; and if she decides to change her mind meanwhile, the things may turn unsavoury for you.

If she is willing to grant you divorce, it is better to file a petition in USA. You may obtain her affidavit which can be prepared in India and may use the same in USA.

The total time required in USA will depending upon your residence of State concerned.

You may provide me detailed facts for a more informed opinion.

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Answered on 6/25/08, 3:45 am


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