Advice reqd on ex-parte divorce vs mutual consent divorce
John Jackson
(Querist) 01 September 2009
This query is : Resolved
Hi, I require some advice on which divorce petition might be better suited for my daughter's circumstance. We want to obtain a divorce as soon as possible. We believe the spouse will not have an objection as he knows he is in the wrong. There is no
property, possessions or children to divide. A divorce by Mutual Consent is an option. However this entails a minimum 6 month waiting period which may go upto 18 months. As they have already been living apart for about 2 years, this is again an
unnecessary prolonging of the procedure. Hence, the next option is an Ex-Parte divorce. If we file for divorce and send it to the spouse's address, if he willingly does not respond to the court summons, will the divorce be granted sooner? In short, which method should we opt for to obtain a divorce at the earliest, especially as both parties agree to the divorce and have no settlements to claim of the other. (Both parties are Keralite Christians.)Please advice.
Adinath@Avinash Patil
(Expert) 01 September 2009
Mutual conent divorce petition is better than ex-parte divorce.If ex-parte judgment obtained there is qquestion of legality remains unchallanged.That is not good for future.
Bhumik Dave
(Expert) 01 September 2009
Instead of exparte i think mutual consent is better way to finalise the matter
Jayashree Hariharan
(Expert) 02 September 2009
mutual consent is better, since the boy can later on file a case against the ex-parte order in case he feels he should live with your daughter. so better go for mutual consent.
best wishes.
Sachin Bhatia
(Expert) 02 September 2009
As you said if the spouse will not have an objection and you want to obtain a divorce as soon as possible than Divorce by Mutal Consent is the best option.
John Jackson
(Querist) 03 September 2009
Hi, Thank you all for your expert advice. We shall opt for the Mutual Consent Divorce as per your suggestions. I have a few more questions:
1. Permanent address of both parties is in Kerala and the marriage also took place in Kerala. Post-marriage they resided in Maharashtra. The boy is now in Maharashtra and my daughter is now in Karnataka. Where do you suggest we file for divorce? We prefer Karnataka. What do you suggest?
2. Mutual Consent method entails a long waiting period. After the first filing in court, the couple is given a waiting period of 6 months to work out differences. After the second appearance in court , another 6 months may be prescribed. Is there ANY WAY AT ALL to do away with this waiting period. They have led separate lives for abt 2 yrs. Any suggestions on quickening the Mutual Consent process?
All legal information I have is obtained from my online research, hence please pardon and correct any wrong assumptions I may have.
Thank You,
John Jackson
Shivasurya
(Expert) 04 September 2009
Mr. john Jackson. I have a short cut method. you approach your son-in-law to file divorce petition against your daughter after getting summons from the couer if your daughter is not appeared an exparte divorce wil be granted against your daughter. but this will be possible if your son-in-law accepts only
John Jackson
(Querist) 05 September 2009
Hello Sir,
Thank you for your advice. I have a few more queries :
1) What could be the unforeseen risks in filing such a petition?
2) Is it absolutely necessary for the petitioner (my son-in-law) to be present while filing this case?
3)Which state do you suggest this case be filed? - Maharashtra -son in law resides there. - Karnataka - my daughter resides there. Kerala where the marriage took place.
Thank you once more for your encouraging response.
Shivasurya
(Expert) 05 September 2009
1) What could be the unforeseen risks in filing such a petition?
No risks
2) Is it absolutely necessary for the petitioner (my son-in-law) to be present while filing this case?
Yes if he filed the petition in a family court of the concerned jurisdiction not necessary if he files the petition at any muffisil court of jurisdiction
3)Which state do you suggest this case be filed? - Maharashtra -son in law resides there. - Karnataka - Karnataka or Kerala, best choice is Kerala because that state is common for both as well as that is the place of marriage.
the marriage invitation/marriage certificate and marriage photo and the address proof for him is enough to file the divorce petition by him against your daughter after receiving notice from the court, if your daughter had not attend the court en-exparte divorce will be granted and it open to your daughter only to challange the exparte divorce, here i believe your daughter is much interested in divorce and she cannot do the same
