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Author Topic: Mutual Consent Divorce in Bangalore  (Read 1271 times)

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Offline maalliikk

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Mutual Consent Divorce in Bangalore
« on: September 20, 2015, 07:22:02 PM »
Dear Lawyers,

Me and my wife got Hindu arranged marriage on Feb 6th 2015, and marriage is registered also on the same day. Now both of want to apply for mutual consent divorce.

After Marriage I left to USA on Feb 13th 2015 and stayed there till August 15th 2015 and started living with my wife in her parents house forcefully.  We have stayed together for 15Days I.e. Till September 1st 2015.

Due to privacy I decided to move to my apartment, but she didn't join me and we are living separately from February 13th to August 15th and from September 1st to Today.

My question is
1) How soon can I get divorce in mutual consent in my case?
2) I searched online for requirements of MCD, it said, marriage should have completed a minimum of 1 year to apply for this divorce in court, is this true that we have to apply only after Feb 6th 2016.?
3) If 2) is correct then again 6 months mediation will go on and then the case will go on. Should we go through 6 months period to reconsider our decision, is it mandatory to wait for another 6 months.?

Thanks in advance.
Anand

Offline adv.amarnath

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Re: Mutual Consent Divorce in Bangalore
« Reply #1 on: September 20, 2015, 08:12:51 PM »
Yes, it is true that in the 1st year of marriage parties are restrained from filing mutual divorce. Mediation is a step where mediator tries to reunite the parties but this general happened in Family Court not before District Court.

Let me clear you that in addition to above, mutual divorce can only be file after expiry of one year from the actual date of separation. You cannot say from 1st date you have been staying separately. In that situation something else will be scenario.

This post is based on assumption fetched from your post but you have to say whether your marriage has been registered or not? if Yes, then under which Law. Hindu MArriage Act or Special MArriage Act??

For further advice in details you can contact me.
Regards,

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

Offline maalliikk

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Re: Mutual Consent Divorce in Bangalore
« Reply #2 on: September 20, 2015, 08:28:42 PM »
Thank you for the advice.

Marriage is registered in Hindu Marriage Act 1955.

1)In our case separation can be considered from Feb 6th 2015(Date of our marriage) or from September 1st 2015( Actual Separation).

2)Is it mandatory to go through six months mediation process or if me and my wife say mediation is not necessary, can that Six months be waived off..?

I am asking these questions considering my career.

Regards

Offline Rajarajeswari

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Re: Mutual Consent Divorce in Bangalore
« Reply #3 on: September 20, 2015, 11:22:33 PM »
Yes you have to wait for one year from the date of actual separation (in your case September 1st 2015). Six to Eighteen months time will be granted after filing of the petition for passing decree of divorce being a time to mediate and to form a decision between parties. Usually six months time is granted and only after a period of six months, after hearing the parties and verifying the nature of petition, decree for divorce will be passed.


Regards,
Rajarajeswari P,
Advocate, Madras High Court,
150/309, II Floor, Linghi Chetty Street,
Georgetown, Chennai - 1.
rajarajeshwarip@yahoo.com   

Offline maalliikk

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Re: Mutual Consent Divorce in Bangalore
« Reply #4 on: September 21, 2015, 05:21:54 AM »
Thank you for the update and advice.

1) I have one last question, Can Lawyers help us to file the actual separation date as Feb 6th 2015 instead of September 1st 2015 in order to show that husband and wife are separated from day 1, so that we get divorce soon.?

In that case separation dates will be from Feb 6th 2015 to Feb 7th 2016(It also completes one year for our marriage and also can show separation date, which also complete one year)??

2) My other party has planned to  prove that I am Impotent, so that they get the decree soon and also a plan to spoil my future. what happens in this case..??


Regards

Offline adv.amarnath

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Re: Mutual Consent Divorce in Bangalore
« Reply #5 on: September 21, 2015, 09:28:50 AM »
Yes, lawyer can do and no one is there to challenge this but being a lawyer I cannot support illegal activities for the ultimate sake of client. I can play with law but I cannot misuse it while playing with it.

If mutual divorce petition is proposed to be filed then there is no scope of proving impotency. But I would like to suggest you that dont play hide and seek with other party. Fight and get rid of. For while I have been seeing/ following your post that you have lots of queries but you are not acting up.
Regards,

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

 

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