Mak (sale) 19 March 2013

Divorce by mutual concern

Dear Sir/Madam I need advise on divorce by mutual concern. I am married since last 4 years without any issue / child. My wife left me since last 2 months and she is at her father home. We both have decided to separate. I got message from her side to make papers for divorce and they will sign. But i informed them to make papers at her end n also agreed to sign. I need to know details on divorce by mutual concern. (1) How much time it will take by court to grant official divorce once we filed sign affidavit as per recent laws in it ? (2) DO court validate SMS , emails & sound recordings to make this case strong in my favour because they give threat to me for mental harassment or dowry. But there is not such case,,,becouse she left my home by her our will . Please advise me in details to take steps .

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9 Replies

Manish Udar (www.Mehnat.IN) 19 March 2013

If they are ready to give divorce then what are you afraid of?

www.mehnat.in/wives.html

Ranee....... (NA) 19 March 2013

there is no need of evidence/proof in a mcd.Discuss with wife and settle the matter in six months.

Mak (sale) 19 March 2013

Thanks for reply. I want to make sure about time line.

As there is only seperation of two months. Does law requirs seperation of minimum one year to go for MCD ?

Or we can make the affidavite any time ? Also i want to about NRI divorce . As i am legal resident of canada also. I got PR of canada in Oct-11. But i stayed there only for 45 days and came back in Nov-12. My PR ( permenant residency ) is still valid . How this will help me to get divorce quickly ?

Please advise

rajiv_lodha (zz) 19 March 2013

Physical separation is not that neccessary. Coule can live under one roof without any cohabitation or husband-wife relationship. If both of them agree for MCD, this 2month problem wont block they way.

Mak (sale) 19 March 2013

Thanks rajiv.

But still confusion happen. Becouse i got 2 opnion on it. Some say minimum seperation of one year is must to go for MCD. Some say it is not required.

So what laws says as per new amendment .

Please guide

Mak (sale) 20 March 2013

Please help me on MCD minimum duration for separation.

Ranee....... (NA) 22 March 2013

to file divorce 1 yr frm marriage is essential.After that 6month's gap between 1st and 2nd motion is needed. Total minimum time 1n half yrs needed.

rajiv_lodha (zz) 22 March 2013

Couple can state in court that we are living separately from last 1yr, IF THEY AGREE MUTUALLY TO END THE RELATIONSHIP ASAP

Mak (sale) 22 March 2013

I got your point .

Divorce by mutual concern

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