Looking for a mutual divorse
Sonia
(Querist) 13 October 2013
This query is : Resolved
We have married as per The indian Christian marriage Act,1872.My name is Sonia Antony.Its been 6 years completed after our marriage.After a discussion with my spouse we came into decision for mutual divorce.We don't have kids,no liabilities,no contradictions in any matter.Kindly guide me the procedure for mutual divorce and the duration for permitting the divorce.Looking forward your guidances.thanks in advance.
Isaac Gabriel
(Expert) 13 October 2013
Better consult a lawyer,since certain procedures need to be adopted by filing divorce petition.
Devajyoti Barman
(Expert) 13 October 2013
You have to wait for six months for getting final order of divorce after filing the petition.
Engage an advocate.
R.K Nanda
(Expert) 13 October 2013
consult local lawyer.
Ms.Nirmala P.Rao
(Expert) 14 October 2013
Dearn Sonia,
You can go for Divorce by Mutual consent under Section 10 A of the of Indian Divorce Act 1869 if both of you have been living separately for a period of not less than two years o
r more and have decided that you can't pull on the marriage bond together due to differences in tastes, temperaments etc or irreconcilable differences,.\ Both of you file a Joint o
petition in a /district/Family court or Even High
Court for divorce by mutual consent on the above grounds, Both of you can engage a lawyer for this purpose, but the court may insist on your personal presence during the proceedings..If the court is satisfied [on due inquiry that you both can't be tied to the marriage bond any longer, the Court may grant a decree for divorce after 6 months and within 18 months of the filing of the divorce petition.I'm reproducing the provisions of Section 10 A of the Indian Divorce Acts amended below for your benefit.
10-A. Dissolution of marriage by mutual consent,- (1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fir, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.
If you wish to Thank me for this reply please press the "Thank You button" on my profile. I hope, you've understood now- how to file a divorce by mutual consent petition.
ajay sethi
(Expert) 14 October 2013
you have to contact a local lawyer . get divorce petition drafted and filed in family court in your city .
Sonia
(Querist) 14 October 2013
Thank you so much to all,for such a wonderful explanation especially to ms Nirmala P Rao.
Devajyoti Barman
(Expert) 14 October 2013
I am curious to know how mutual petition for divorce can be filed in High Court as advised by an expert above.
Ms.Nirmala P.Rao
(Expert) 14 October 2013
Dear Mr.Barman,
Please read the introduction to Indian Divorce Act as amended by Act 2001, We can Invoke the original jurisdiction of the High court for divorce under the Indian Divorce Act. Please consult a good law text book on Indian Divorce Act 1869 as amended by 2001.
Ms.Nirmala P.Rao
(Expert) 14 October 2013
Dear Sonia,
The best way to convey your thanks to me is by pressing the Thank you button on my profile.
