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Separated from spouse & need divorce

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved 
I would need your assistance for my case.

I am an Indian Citizen working in the UAE, married 3 years ago. Our married was registered in the USA & we again got married in India (marriage is not registered in India).

PS: The marriage was held in Bangalore, Karnataka. I am a Domicile of Mumbai, Maharashtra.

We are staying separately for the past 3 months, I have a few questions, would appreciate if the below could be answered -
1.) The process of Divorce in India (if mutual or vice versa), the approx cost of the full proceedings & when should I file for divorce?

2.) My spouse and I had a joint account and all my salary used to be deposited in that account. Can I ask him for my savings at this time.

3.) What should be the mode of communication with my spouse..so that I am legally safe.


I would appreciate if you could answer my queries.
ajay sethi (Expert) 17 November 2011
if couple have stayed separate for period of 1 year they can make an application for divorce by mutual consent . it may take further one year for divorce to be granted

cost would depend upon whether divorce is contested affair or mutual consent . lawyers fees vary .


open a separate saving account for deposit of salary . since it is joint account you cna also operate the account for withdrawal of funds .
Nadeem Qureshi (Expert) 17 November 2011
Mr. Ajay is rightly explained
Sankaranarayanan (Expert) 17 November 2011
i do agreed with mr sethi
Rajeev Kumar (Expert) 17 November 2011
Mr.Ajay has replied well
Querist : Anonymous (Querist) 17 November 2011
Hello Ajay,

Thank you for your response.

I have few more queries -

Can I ask my spouse to hand over the total amount of my salaries?

Incase, the divorce is not mutual, then when can I file for divorce?
ajay sethi (Expert) 17 November 2011
you are staying together . expenses and income are being shared together . how cna you expect your husband only to spend whereas your full salary goes in bank . if both are earning both are together bearing the household expenses .

you ahve to stay separate for one year then apply for diovrce
Querist : Anonymous (Querist) 17 November 2011
Hello Ajay,

Thanks!

From which city do I have to file for the divorce after 1 year. The marriage was held in Bangalore, Karnataka. I am a Domicile of Mumbai, Maharashtra.


Regards.

Arvind Sehdev (Expert) 17 November 2011
File it in Bangalore. In mutual Divorce you have to appear in court only 2 times, One at time of filing and one after 6 months [i.e. if everything goes smoothly]
I think you can manage that...
Shonee Kapoor (Expert) 17 November 2011
Bangalore courts.

I concur with the opinion provided by Mr. Sethi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman (Expert) 17 November 2011
Yes I agree.


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