Divorce
Elvira
(Querist) 12 July 2009
This query is : Resolved
Hello,
Am married since the last 9and half years. Since the last 2 and half years am living overseas and studying here alone. My husband lives and works in India. We decided to seperate and eventually divorce in Nivember last year 2008. He has agreed to mutually cooperate with the divorce as I want to settle down here overseas and he has no interest to join me and neither do I want to live in India any more. We are living without each other anyways since am here from Jan 2007.
How fast would I be able to get a divorce and will the grounds of living seperately since 2007 count in our case.
A V Vishal
(Expert) 12 July 2009
It depends how fast you file the petition for divorce on mutual consent, further it cannot be decided by the court before 18 months after presentment of petition, hence even for divorce under mutual consent you need to wait for nearly 24-30 months.
Kiran Kumar
(Expert) 12 July 2009
Sorry i dont agree with Vishal's reply here to some extent.
yes file the petition as soon as possible. after the recording of ur first statement. the matter will be adjourned for another 6 months....its statutory in nature, after 6 months again final statement will be recorded. this period is meant for reconcilliation purpose.
however the courts may do away with this period if there are rarest possible chance of reconcilliation, the first duty encumbent upon the court is to save the marriage.
few judgements of HCs and SC are available which would say the 6 months period can be done away with.
but mind it still u wont get divorce on same day, it will still take 3-4 months.
SHYAMSUNDAR
(Expert) 13 July 2009
I do agree with Mr. Kiran.
u did'nt mention if ur marriage is consumated or not.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 July 2009
U can file petition for divorce by mutual consent. There are two motions, after first motion there is 6 months statutory period for filing the 2nd motion but this statutory period can be waived by filing an application under section 14 HMA. So u can get divorce as soon as possible. It is depend upon ur wish when u want to file it. For more clarifications or queries u can contact me at : rakhibudhiraja@gmail.com
MB.- 09871158578/09711364956
M. PIRAVI PERUMAL
(Expert) 15 July 2009
You can get divorce by mutual consent within a fortnight. The Madras HC in a recent ruling has stated that the period 6 months is not mandatory. I on behalf of my client had applied for divorce for mutual consent. The said application was numbered and posted after 6 months period. I then filed an application to advance the hearing and the same was allowed both the petitioners filed affidavit to the effect and divorce by mutual consent was granted to them, all happened just in a week's time. But it may differ from place to place that is from Court to Court.
Elvira
(Querist) 19 July 2009
Thank you all for the quick replies.
Piravi Perumal; could you please let me know how fast it would work out in a city like Mumbai.
Rakhi Budhiraja; I would definitely like to get in touch with you, if you are operating out of Mumbai.
Elvira
(Querist) 19 July 2009
I would also like to get more information on how the following:
If the person seeking the Divorce is living overseas, how many times would he or she be required to be present in Court.
Does the court offer any exemptions or accomadations in the case of Mutual Divorce cases?
Elvira
(Querist) 28 July 2009
How much time does a Mutual Consent normally take?
Do the involved parties have to show the court that either one of them has anything to do with the following :
27. Divorce.-(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
In my case the clause b is valid beacuse am living apart from my Husband since Jan 2007
