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Author Topic: Mutual divorce help  (Read 1239 times)

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Offline komal.zapak

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Mutual divorce help
« on: September 10, 2015, 12:03:49 PM »
Hi,

Is it necessary for a couple to have lived separately for  1 year before they could file a mutual divorce? On what basis is it decided that the couple has lived separately? Is there any proof that they have to show? If they have lived in the same house then wont they be eligible to file a divorce? Also please let me know the time it would take to get the divorce.

Thanks

Offline komal.zapak

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Re: Mutual divorce help
« Reply #1 on: September 10, 2015, 10:11:07 PM »
Hi,
Please help me reagrding this. I am not able to live with my husband for various reasons. I have asked him to give me divorce. He has agreed that he will talk to a lawyer but i feel he is not willing to give me divorce. My family is also not supporting me. I just want the divorce and go away from here. If this 1 year condition is mandatory and the court needs some proof of it then i better start living separately right now because i want the divorce asap. Please suggest.

Offline advdesai

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Re: Mutual divorce help
« Reply #2 on: September 11, 2015, 01:56:57 AM »
Is your marriage more than one year old if yes than your lawyer can get your mutual divorce done.
which city are you based in?
Advocate Desai Knows the Law

Offline komal.zapak

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Re: Mutual divorce help
« Reply #3 on: September 11, 2015, 02:31:54 AM »
Hello Mr desai,

Yes my marriage is more than an year old. I am based in patna. How quickly can i get the divorce? So it doesnt matter if we are not living separetely for more than an year?

Thanks for your help

Offline adv.amarnath

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Re: Mutual divorce help
« Reply #4 on: September 11, 2015, 03:10:24 AM »
If you are asking for Mutual Divorce then 1 years separate living is necessary. This provision is made only to avoid cohabitation between the parties. You cannot file a mutual divorce petition within the 1 years from the date of separation. There is no need of evidence to show before court for living separately.

Now there is a way to file mutual divorce which I cannot explain/ tell you in this open forum due to my professional reasons and tactics.

Further if your husband is not willing to give you divorce then there is no scope of filing mutual divorce. But you can file a petition for divorce on the ground of cruelty or any other provisions of divorce which fits in your situation. In this case you need not to wait for 1 year. Further you can claim for maintenance also under Section 125 of Cr.P.C. This will make create more pressure to your spouse for getting divorce.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline komal.zapak

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Re: Mutual divorce help
« Reply #5 on: September 11, 2015, 04:08:53 AM »
Hello sir,

If there is no need to show any proof of separate living then why cant we file the petition for mutual divorce even if we are living in the same house. On what basis is it decided that we are living separately.

Thanks for your help

Offline advuma

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Re: Mutual divorce help
« Reply #6 on: September 11, 2015, 04:22:37 AM »
The law states one year separation. Hence the condition has to be fulfilled.
Now in mutual divorce husband and wife gives joint affidavit that they are separated for a year. Since no one is contesting it, court won't investigate this fact.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline adv.amarnath

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Re: Mutual divorce help
« Reply #7 on: September 11, 2015, 04:47:42 AM »
If you are staying in a same house then you have to mention the same in the petition of your present address. Then it is proved that you are not residing separately. It will be deemed to be collusive petition. You have to reside in different place other than matrimonial home.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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