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Author Topic: Daughter in law wants Mutual Divorce  (Read 868 times)

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Offline prashanto

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Daughter in law wants Mutual Divorce
« on: November 21, 2015, 04:10:35 AM »
My son was married in October 2013 under the SMA, 1954. Since January 2014, he and his wife have been living separately. My daughter-in-law has given in writing that she won't stay with her husband anymore and has taken back her streedhan.

She has asked my son to send her by mail a legal draft of the joint petition to be submitted in the court. Is there any time stipulation for filing for mutual divorce? Can my son be handicapped from the legal point of view if he initiates the proceedings by mailing the legal draft to her?

Offline advbose

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Re: Daughter in law wants Mutual Divorce
« Reply #1 on: November 21, 2015, 04:13:10 AM »
Under Section 28 of the Special Marriage Act, 1954, for dissolution of marriage by mutual consent, parties can file only after one year from the date of marriage.

Further, they have to be separated for at least a year before filing Joint petition.

Regarding mailing the legal draft I suggest your son to hand over the draft to his wife.


Offline adv.amarnath

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Re: Daughter in law wants Mutual Divorce
« Reply #2 on: December 07, 2015, 11:42:51 PM »
It appears from you statement that couple are staying separately for more than one year so mutual divorce can be initiated. It is the best opportunity for your son to agree with the mutual divorce as proposed by your daughter in law. There is no bar to handover the mutual divorce petition to her by hand. It will take hardly 30 minutes to draft mutual divorce petition.

For further clarification and consultation in detail/ or drafting of mutual divorce petition, you can contact me
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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