Legal Question in Family Law in India

mutual consent divorce

i wanted to know, after filing the needful papers for divorce, does the court grant a divorce or it has an authority to force the couple to stay with each other and dismiss our case after hearing, when in any case the couple wants a divorce.


Asked on 11/24/08, 1:53 am

7 Answers from Attorneys

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

Re: mutual consent divorce

in a petition for divorce by mutual consent, the court cannot compel the couple to stay together. the divorce has to be granted after fair adjournments. nowadays courts are even liberal to entertain petitions even before separation period and waive off the waiting period of six months.

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Answered on 11/24/08, 2:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: mutual consent divorce

The Courts in case of Divorce by Mutual Consent will grant divorce without going into details of your case.

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Answered on 11/24/08, 3:57 am
Nasir Butt Nasir Law Associates

Re: mutual consent divorce

In Hindu Religion, Consent Divorce is granted without going into details, whereas in Islam there is no concept of consent divorce.

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Answered on 11/24/08, 5:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: mutual consent divorce

The court does not "force" a couple to stay with each other; even if your divorce petition is dismissed, there is force to live together; you may still continue to live separately and file an appeal against the order of dismissal.

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Answered on 11/24/08, 6:44 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: mutual consent divorce

Hello.

Any court of law never forces any married people to stay together even if the divorce petition is dismissed.

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Answered on 12/23/08, 6:48 am
Nandita Haldipur Haldipur Associates

Re: mutual consent divorce

no court can force you to stay together. even if the divorce petition is dimissed you can stay seperately

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Answered on 11/24/08, 9:13 am
ujwala mandgi anantmandgi&associates

Re: mutual consent divorce

In a mutual consent divorce when the couple is interested in a divorce the courts will not have any right to dismiss the Petition.

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Answered on 11/24/08, 9:48 am


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