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Author Topic: advice regarding mutual divorce  (Read 1021 times)

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Offline kanika01

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advice regarding mutual divorce
« on: June 14, 2016, 09:44:17 AM »
Respected  sir/madam ,
I got married on 12th June 2015. I am not able to withstand this marriage due to some indifferences  and I left my in-laws home just two months after the marriage and till now I am residing at my parents home. Since there lies  faults in the person I married which he tried to hide off from me at the time of marriage, separation seems the only way out now we both willingly opted for mutual divorce,so my questions are   
(1) what is the procedure for this kind of divorce,as we both are residing in different cities and the marriage took place at a neutral venue  -so where we can  file our petition for divorce ? the city where I am presently residing ? or the city where marriage took place?       
(2)We are living apart from 10 months, is this period  of  time is enough to prove before the honorable court , though a year of marriage  had passed by or I have to wait  further???
(3)   I am not claiming any maintenance nor compensation in any form now...but once I obtain the divorce certificate is there any option law provides me to claim maintenance in future in case I remain unemployed or single.
Looking forward to your advice, thank you.           

Offline advjaibansal

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Re: advice regarding mutual divorce
« Reply #1 on: June 15, 2016, 04:24:22 AM »
Dear

The divorce can be filed at the place of marriage or the place you are residing presently or the place where husband and wife last resided together. You can choose any of the place. There has to be 1 year of marriage and one year of separation for filing mutual consent petition. You have to wait for another two months.

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

Offline adv.amarnath

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Re: advice regarding mutual divorce
« Reply #2 on: June 19, 2016, 01:12:04 PM »
(1) what is the procedure for this kind of divorce,as we both are residing in different cities and the marriage took place at a neutral venue  -so where we can  file our petition for divorce ? the city where I am presently residing ? or the city where marriage took place?   
Ans: Place of Marriage or Last matrimonial Home or where respondent is staying currently
   
(2)We are living apart from 10 months, is this period  of  time is enough to prove before the honorable court , though a year of marriage  had passed by or I have to wait  further???
Ans: No, for divorce petition with allegation living separately for several months is not a ground. You have to show a valid reasons.

(3)   I am not claiming any maintenance nor compensation in any form now...but once I obtain the divorce certificate is there any option law provides me to claim maintenance in future in case I remain unemployed or single.
Ans: Maintenance can be claim for life long until you are getting a job or remarry.
Regards,

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

Offline kanika01

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Re: advice regarding mutual divorce
« Reply #3 on: July 22, 2016, 03:27:32 AM »
Thank you sir for your replies . We have filed for mutual consent divorce and cleared our first motion just a few days back .I have signed a document  stating that I am not claiming any maintenance through this divorce nor I will be eligible to claim the maintenance in future  ,but the statements have not been recorded yet .Does there still lies a chance  for me to claim??             Also  my husband has  some of my photos in his possession which he  started using as his profile photos  after the  first motion has cleared.I don't know why he is doing such things, but in case he misuses those photos  in any form ,what action could I take against him ?? How could I get my photos back , because  one thing I am sure about ,he will not handover it to me so easily and I fear, he with a single click can share it to other persons.Please suggest me the most required.Regards.                                                                                                     

Offline advjaibansal

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Re: advice regarding mutual divorce
« Reply #4 on: July 22, 2016, 03:53:11 AM »
Dear Kanika,

You can always turn back from the settlement and file for maintenance. But as you have already given up all the claims, your husband may not pay anything as settlement amount. Rather than turning back from the settlement, please finish the mutual consent divorce and live peacefully as marriage is not working out.

For photos, you may tell your husband by sending mail to stop that, if he is not stopping then send legal notice through the lawyer.

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

Offline adv.amarnath

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Re: advice regarding mutual divorce
« Reply #5 on: July 22, 2016, 04:38:23 PM »
There is a way to bind him. At the time of final hearing of MCD, both parties will be asked to submit affidavit in chief. In that Affidavit in Chief you can ask your husband through your representing lawyer to put a specific statement in the Affidavit in chief that "All Hard and soft copies of photos, pictures or whateverso lying in the custody of the husband has been returned to the wife and if any left with him should be deleted and may not use at any purpose.
Regards,

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

Offline Zradino

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Re: advice regarding mutual divorce
« Reply #6 on: August 09, 2016, 04:34:40 AM »

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Offline Sebastian

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Re: advice regarding mutual divorce
« Reply #7 on: August 21, 2016, 10:15:37 PM »
It's really a difficult period for you. First of all you must discuss all these things to your lawyer. He or she can give you the right way to get an easy divorce.

 

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