divorce by mutual consent

 you can very well file and application before the family court. But law needs atleast one year in case of a Hindu to apply for divorce..

marriage is supposed to subsist for one year prior to filing of divorce petition on the basis of mutual consent.

@Mr.Kiran Kumar:

As both parties are agree ,is there any  solution for such case?

Girl wants to get free as early as possible and want to settel her life. Please guide me.

the divorce by mutual consent can be granted by the court on the basis of power of attorney executed by you in whichever country you are.  the power of attorney needs to be attested either by notary public or consulate there.  you may executed the attorney in favour of any relative or friend of yours and he would represent you in the court.  as in your case, the girl would co operate, the divorce by mutual consent may also be done within a month or so.  certain applications need to be filed u/s 14 and u/s 151 of CPC for early disposal of petition.

@lawyer_rajiv

Thanks for ur advice.

I am able to come india for filing petition. Both parties together file petition. How to proceed in such case.

how many days would take for diposal of pettition.

even if you do not want to come to india, still you will get divorce by executing an attorney.  in a recent case, the boy is in UK and his father was his attorney.  the matter was disposed off within a week.  now am filing the petition for quashing 498a.  the courts are liberal in case the attorney is written with caution.

@lawyer_rajiv

Under which section can file pettition.

How much time it would take? do u have simmilar case reference.

the petition for mutual consent can be filed u/s13 B(1) n (2).  the first motion is filed under sub section one and other under 2.  in your case as the marriage has not completed one year and you not staying separately since one year, an application u/s 14 also to be moved for waiving the period of one year and also an application u/s 151 for waiving period of 6 months between both the motions. 

Divorce petition by mutual consent under Section 13 B of Hindu Marriage Act  can be filed after one year of the marriage.  After filing such petition Court can pass decree after six months but Court can also pass decree of divorse by mutual consent before six months in special cases.

VIPIN SHARMA, Advocate

337, Akron Ka Rasta, KIshanpole Bazar, JAIPUR-302001

Mob. 961000043

@MR.VIPIN SHARMA

In my case both of us are not lived together for 1 minute. Register marriage certificate i need only for processing visa application. that is only reason i had done register marriage.

In my case can u suggest how should i proceed?

As soon as marriage is registered it is complete marriage in the eye of law. it doesn't make difference that registration was obtained for visa purpose.

 I agree with Vipin sir as you or our wife or both even cannot say or convince the court that marriage registered only for he purpose to obtain visa....

You may proceed for divorce before one year but it is upto court whether grants your application or not. but is must to get divorce. There are varous ways also.

For More detail, Mail your detail to the undersigned;

Mr. Kamal Grover, Advocate (Chandigarh, India)

M: 09814110005

e-mail: adv.kamal.grover@gmail.com

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.

Regards and good luck 

I have been married for 3 years and for the last one and a half years we are living seperately, I want a divorce from my wife through mutual consent, but there is a problem that my father who is no more has registered a will in favour of both of us.
I want to know that after divorce what will be the status of that will because according to my fathers will both of us have equal share in his property. My father is no more alive and we do not have any child.
Kindly advise me.
Thanks