Legal Question in Family Law in India

We are married (arranged) for almost 2.5 years. We both live outside of India in an European country. We both are not happy about the marriage and are keen to consider mutual consent divorce. One glitch we have is, we have not lived separately till date. Even though we are in the same house together, we dint have sex for the last 14 months. Can we file for divorce right away? Or, should we wait for 1 year of separation and then apply for divorce. We are not keen to wait since we have tried enough to see if this relationship will work out. But nothing has happened. We always have difference of opinion in anything and evertything. We want to get divorced ASAP so that we can carry on with our lives and not waste anymore time. There is no child in our marriage and no alimony or maintenance being considered. Should we come to India to file our divorce or can we do it from our place?

Asked on 6/12/11, 3:27 pm

6 Answers from Attorneys

Vishwa Arya Arya & Co.

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You have not named the country where you are living currently. Since it is going to be no fault divorce (with mutual consent) without alimony or maintainence, then it may not be a bad idea to explore the possibility of a divorce in your local district area.

For divorce here in accordance with Hindu Marriage Act, you will have to appear in person for making statements.

Answered on 6/12/11, 10:35 pm

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shiv shakner saini saini law

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As you want to get divorced ASAP Then come India ASAP and contact me to get early divorce without wasting [email protected]

Answered on 6/13/11, 12:54 am

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Devansh Bhardwaj Devansh Bhardwaj

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First of all when both of you are ready for mutual divorce then there is no problem regarding that at all. Secondly in order to get divorce yes it is necessary for both of you to come to India.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Answered on 6/13/11, 5:55 am

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Sanjay Kalra Sanjay Kalra & Associates

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Where was your marriage solemised ? You can get a mutual consent Divorce according to the country where you are staying . It is not necessary for the couple to stay at different places to file for divorce as you have not been leading a normal married life and have not been fulfiling your matrimonial responsibilities to wards each other for more than a year. Staying under one roof will not be a bar for your divorce.

Answered on 6/13/11, 9:23 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you can seek divorce in india as the marriage was solemnized here in india. you need not be present in the court and execute a power of attorney in favour of your relative or friend and the attorney would appear on your behalf. legally you are separated since 14 months and the requirement of separation is met even though you staying under the same roof.

Answered on 6/14/11, 11:53 pm

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