Divorce by mutual consent
megha
(Querist) 22 July 2013
This query is : Resolved
after 2 months of dating,my boyfriend pressurized me to marry him.i didnt want to but still i didnt consult anybody because we decided to keep it a secret.so we got married in the court.this was about 3 yrs back. our marriage was registered under the special marriage act.6-8 months post marriage problems started.
he had no job then & still has no job,no house,became alcoholic,started threatning me of commiting suicide.though i am working but he spent all my savings & in past 3 yrs he completely bankrupt me twice.
since last 2 years we are not together & there is no physical relation between us.now i want to get a divorce by mutual consent,to which i think he might agree.
will i have to pay him alimony,which i dont want as he has already spent my savings.now what should i do to get a divorce by mutual consent.
what is the process & how long will it take to be finally free
Nadeem Qureshi
(Expert) 22 July 2013
Dear Megha
he can not claim alimony from you but mutual consent divorce can be filed by both the parties, so executed a mou with him and file petition before the court it will take 6-18 months or depend on the court pendency.
megha
(Querist) 22 July 2013
thnx Nadeem.i do have another query.actually i am hindu & my husband is christian.I have not changed my religion.we got our marriage registered under the special marriage act.so is the procedure to get divorce by mutual consent still same.or will there be some difficulties
Nadeem Qureshi
(Expert) 22 July 2013
Dear Megha
as per section 28 of SMA you can file the Divorce petition by Mutual consent, read the section mentioned below
28. Divorce by mutual consent.-
(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 by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) 2[ On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
