Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
Respected sir,
My name is vishnu kapoor and got married on 17 Nov 2010.Iam staying in a joint family facing lot of domestic violence..my husband has NO say in his family and remain silent on the issues stated.My mind set is not at all matching with my husband and really want to get out of this relationship..I have recently came at my parents place.Kindly advice as to how to go for a mutual divorce as iam unable to take this harassment anymore..i want to file a petion for divorce.please let me know how earliest i can get a divorce..can i get at the earliest or by the means of joint petition..
indrajit mukhopadhyay
(Expert) 28 March 2011
yea ,if both the parties agreed that their marriage should be dissolved through mutual consent then both of you can file a joint petition for mutual divorce and after the filing of the same the decree of divorce will be passed from 6-18 months after hearing of both the parties.so the minimum prescribed period is 6 months and not less than that. But if both the parties are not agreed then you've to file a petition u/s 13 of HM Act and it'll take a long time.
adv. rajeev ( rajoo )
(Expert) 28 March 2011
consent divorce requires joint petition by both the sides. If your husband is not agreed for it then you will have to file a divorce petition ( genuine grounds are required)
Guest
(Expert) 28 March 2011
i agree with both of the experts
Jitendar Kumar gupta
(Expert) 28 March 2011
you have to file divorce petition and if your husband agrees then mutual divorce petition. in mutual divorce petition it will take 6 months and in regular divorce petition it will take minimum 1-2 years. For more information you may call at 9868529732 or mail at guptajkin@gmail.com
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