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Author Topic: Divorce  (Read 766 times)

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Offline 4444

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Divorce
« on: June 01, 2016, 12:20:24 AM »
Background.
My niece has been married in India under HMA 1955 in 2015. After marriage, both husband and wife have moved to Europe. About 6 months back, my niece joined a service there. Her earnings are more than her husband's.

Now, they do not want to continue with the marriage and want a divorce. Our efforts for reconciliations have failed. They do not have any issue.

Queries.
1. On mutual consent basis, what documents are required from them? Is there any standard format?
2. How long it will take?
3. As both of them are occupied abroad, can it be granted without their physical presence in India?  They are not interested to get divorce abroad since they are staying in different countries.
4. Is it mandatory for mutual consent to stay separately for at least one year?

Thanks and regards,

Offline advjaibansal

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Re: Divorce
« Reply #1 on: June 01, 2016, 03:20:24 AM »
Dear 4444,

For taking divorce on the grounds of mutual consent as per indian law there has to be a separation period of one year. without this divorce cannot be filed. Further more presence of both the parties are required in indian twice i.e. at the time of first motion and second motion. I think which may be quite expensive under the present circumstances.

Please advise them to take divorce on the grounds of mutual consent in their respective country either in the husband country or wife country. which may be easier and less time consuming. The divorce taking on the grounds of mutual consent abroad outside india despite the fact that the parties got married in india under hindu marriage act is valid and accepted and the same cannot be challenged as it was passed on mutual consent.

Or else let them wait for one year of separation and then file a petition for divorce in india on the grounds of mutual consent after one year of separation. then appear twice before the indian court on the first motion as well as on the second motion.

Regards,

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline imukkesh

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Divorce
« Reply #2 on: June 01, 2016, 05:53:45 AM »
My case is as follows
I am 29 years old resident of Mumbai got married in 2012 at my village in Bihar. It was pure arrange marriage. After marriage i came to know that i have been cheated as my wife had undergone major heart surgery in her childhood which was not disclosed to us even after asking them repeatedly. I got her examined by dr and dr had said me that its a clear cheating case and they should have taken dr opinion before fixing her marriage. Dr  said she had to undergo one more major operation as she had leakage in her heart which can render her many problems including pregnancy complication. I spoke to her parents on this that why did they cheated me for which they dont had any answer. I desserted her one month after my marriage and till date she is at her parents place. Now i have filed divorce petition in family court for which legal notice had been issued to my wife . They dont want to give divorce and want me to keep her with me. My questions are,
What if she does not appear in first hearing?
Does she have any strong reason of not giving me divorce?
How many hearings we will have?
They didnt appered in first hearing and court had asked me to publish in her local newspaper to appear for second hearing.
How much she can harass me?

Offline advjaibansal

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Re: Divorce
« Reply #3 on: June 03, 2016, 03:08:53 AM »
Dear Mr. Mukesh,

Have already replied on your email.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Divorce
« Reply #4 on: June 05, 2016, 12:25:04 AM »
1. On mutual consent basis, what documents are required from them? Is there any standard format?
Ans: Only Marriage Registration Certificate. Yes there is a standard format with important averments.

2. How long it will take?
Ans: Tentatively it takes near about 12 months for complete procedure.

3. As both of them are occupied abroad, can it be granted without their physical presence in India?  They are not interested to get divorce abroad since they are staying in different countries.
Ans: No, both are required to come before court twice.

4. Is it mandatory for mutual consent to stay separately for at least one year?
Ans: Yes, it is necessary to stay separate for 1 years but it can be waived tactfully subject to situation wise.
Regards,

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

Offline adv.amarnath

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Re: Divorce
« Reply #5 on: June 05, 2016, 12:30:02 AM »
To Mukesh,

What if she does not appear in first hearing?
Ans: Court either gives her another date of same or may proceed exparte against her

Does she have any strong reason of not giving me divorce?
Ans: Until I listen your matter completely and in details, it is not possible to answer. There are several ways but by apprehending or on assumption I do not give advice.

How many hearings we will have?
Ans: It varies from situation to situation.

They didnt appered in first hearing and court had asked me to publish in her local newspaper to appear for second hearing.
Ans: Court is correct in its decision rather it is more helpful and binding upon your wife

How much she can harass me?
Ans: By making false allegation, FIR, Contesting your divorce case.

Regards,

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

 

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