Legal Question in Family Law in India
mutual consent
I got married on 26.05.04 under special marriage act and we were separately living since from day one and there is no sexual relationship between us. Due to our family member not accepting our marriage both we decided to divorce. 1.what is the procedure that we to follow and 2.what are the grounds in which we to file the papers, is ''family member are not accepting'' will it be a valid reason. 3.can cancel our marriage registration my mutual consent, 4.is it necessary to apoint a lawyer. Both we are living in bangalore.
Kindly help us,
4 Answers from Attorneys
Re: mutual consent
In the interests of bot the the parties it is advicable to explore the option of filing a mutual consent petition, and in order to succeed you need to fall under the ingredients mentioned in the relevant act.
Mutual consent Divorce
No it is not necessary to appoint a lawyer. But you will have to apply to apprpriate court and take divorce by Mutual Consent.
Re: mutual consent
1.what is the procedure that we to follow
A. since both of you want divorce, it is necessary for you to file application for grant of divorce before appropriate court.
2.what are the grounds in which we to file the papers, is ''family member are not accepting'' will it be a valid reason.
A. An application for Divorce by mutual consent can be filed.
3.can cancel our marriage registration my mutual consent
A. only by way of divorce.
4.is it necessary to apoint a lawyer.
A. not necessary.
Re: mutual consent
YOu will have to take Mutual Divorce, both of you have to sit down and discuss and meet a lawyer and file a joint petition for mutual divorce. YOU yourselves can also file a joint petition. spending small should not come your way, it is better if you appoint a lawyer. they will know the procedure and will act in your absence otherwise you will have to be present on each date of hearing.
It will certainly take some time, nothing will be done fast, even though you apply jointly.
the Court has to be satisfied, then only the judge will grant a Divorce.
Please meet any lawyer you like, or you can approach mrs. Hamsa her phone No. is 22250936, Bangalore
Regards
B.Balasubramanya.
Advocate.