Mak (sale) 17 April 2013

Divorce by mutual concern: abroad

I am married since 4 yrs. We are separated since 3 months. We both are agree for divorce. I am aware of Divorce by Mutual Concern. As of now they are not ready to make papers and they want me to make papers.

But i want them to make papers for Divorce. I am Legal resident of canada. I am in India but if i plan to go to canada then what will be the condition of divorce ? Can i send papers from Canada to her for divorce ?

Please advise me how divorce process will take place for NRI ?

Regards
Mayank

Reply Follow

3 Replies

ajay sethi (lawyer) 17 April 2013

1) you are lucky your wife is willing to go for divorce by mutual consent . her only condition is yo prepare the petition for divorce by mutual consent . she is not asking you for alimony , alternative accomodation etc

2) i presume marriage has been solemnised in india . engage an advocate and ask him to prepare the petition . both the parties have to attend court for filing divorce papers .

3) compulsory waiting period of 6 months after first motion . after 6 months both can appear in court and get divorce by mutual consent .

4) it is advisable to obatin divorce in india rather than in canada . you only have to appear in court twice .