RAMAKRISHNAN (Manager) 25 October 2010

Divorce by Mutual consent - advise needed

Dear SIrs / Ma'am

me and I my wife were married under HMA in June 2008. We are currently living in Singapore. We have no kids. we both feel that we are not meant for each other. Though we are living under the same roof we are not performing the marital obligations. my job involves lot of travel overseas and I am almost out of the country I am living in, we both have mutually agreed to go for divorce by mutual consent. there are no disputes on this issue of applying for mutual consent divorce. both the parents agreed and no money / dowry problems here. we both are in overseas now. we want to get the divorce done soon as we both want to concentrate on our career and do not want to waste time in India in the court. we have some questions in our mind unanswered and we need some legal guidance.

1. which is the place where we can file this legal divorce application ( A and B are our native places and my wife is completely brought up in place C. marriage happened in B which is my wife's native and marriage registered at place B. my wife and her family insist they cannot have divorce going on in B which is their native and where marriage was legally registered and also in C where they live) so am i left with only option A? or is it possible to file any where in India where we both are comfortable to travel in like Chennai or Mumbai or Dlehi? ( we are from tamilnadu.)

2.what are the documents to be produced ( other than our both passport copies, Marriage Certificate, Letter of Mutual consent signed by both of us,)?

3. how many days we need to stay in India during the first period of application filing ( is it possibel if some lawyer helps us to make all documents and we land there in India and get all the work done and appear in family court in one day and come back)

4. do we need any of our parents or friends to accompany us to family court to make any signatures or we both can do it?

5. what will be approximate cost involved

6. everyone says minimum period is 6 months. is it necessary for both of us to re-appear after 6 mnths period or can it be done thru representations?

please help me with your inputs.

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5 Replies

(Guest)

Dear RAMAKRISHNAN,

Your first reply;

Either file for divorce by mutual consent in a wife's native place where marriage happens or their register place or your native place as you wish.

Second reply;

Proof of marriage (Marriage Certificate issued by Registrar of Marriages Or Photograph of Marriage Ceremony, wedding card), Identity Proof of both parties (Passport,Voter's Card,Ration card,Official Identity Card issued by Government etc), Passport size photographs of both parties to be affixed on the Joint Petition for divorce by mutual consent under section 13B of the Hindu Marriage Act,1955, Joint Statement of both taken on first date of hearing/first motion, to be signed by both & their finger impression taken, both parties are also identified by the lawyers engaged for the job of securing decree of divorce from the Family Court.

Along with these documents copy of any mutually agreed agreement between the parties with regard to the custody of child or the issue of permanent alimony/maintenance should also be placed in court case file, otherwise these two issues & the issue of Stridhan/property of the wife should be clearly mentioned in the joint petition.

Third reply,

It depends upon case and situation generally about 6 to 8 months

Read my judgment ; 1) 6 months period can be waived by the Court, see below Judgments.

https://www.lawyersclubindia.com/forum/6-Months-waiver-in-divorce-by-mutual-consent-Section-13-B-25782.asp

RAMAKRISHNAN (Manager) 25 October 2010

Dear Sir,

Thanks for your reply.

my 3rd question was how many days we need in India to file the divorce by mutual consent. we are ready to wait for 6 mnths period for the second hearing.(meaning we are ready to land in India after 6 mnths on the date given by the court).

if all the documents are ready , is it possible to do the application filing within a day in family court?

adv. rajeev ( rajoo ) (practicing advocate) 26 October 2010

To file the petition your signature is required and on behalf of one of the parties advocate has to be appoint. One will be represent you and another will be your wife.

In a special circumstantces you need not to wait for 6 months also.

prabhudas gajjar (O.S) 26 October 2010

dear sir,

me & my wife married on 21-2-1973 and after one year she left my home and since she is living in her fathers house.now she lodged case against me for maintainance. in th cross examination she confirmed that i am willingly livin in my fathers house and she also earning as a teacher in primary school. please reply me i have to give maintainace and on which ground i can get divorce

(Guest)

So its clear that she left you as she said i am willingly livin in my fathers house

125 of crpc 1973 said

(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

And a benefit that she is earning as a teacher in primary school.

Ground for divorce and you have to pay maintenance less or nothing according to the facts of the cases.