Divorce mutual consent

Also please let me know if Annulment of marriage is a option here and what procedure does it require.

Dear, Atleast one year time is minimum to filt the divorce after marriage. Yes it can filed in the place of marriage or where the parties resided after marriage took place, generally he is required to appear in court when the motions are filed, but he fan be exempted to appear if court allows. Adv kapil chandna, 9899011450

Dear KAP,

You can file the divorce when there is one year of separation. Please go through the section 13(B) as mentioned below:-

 

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a 

petition for dissolution of marriage by a decree of divorce may be presented to the 

District Court by both the parties to a marriage together, whether such marriage 

was solemnized before or after the commencement of the Marriage Laws 

(Amendment) Act, 1976, on the ground that they have been living separately for a 

period of one year or more, that they have not been able to live together and that 

they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date 

of the presentation of the petition referred to in sub-section (1) and not later than 

eighteen months after the said date, if the petition is not withdrawn in the mean 

time, the Court shall, on being satisfied, after hearing the parties and after making 

such inquiry as it thinks fit, that a marriage has been solemnized and that the 

averments in the petition are true, pass a decree of divorce declaring the marriage 

to be dissolved with effect from the date of the decree.

 

****Note:- you should live separately minimum one year, there is gap of six month between both the motion. you have to file where was the matrimonial home. 

 

RAJIV BHASIN 

SOLICITORS AND ADVOCATE 

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

Mail: bhasin.laws@yahoo.com

9811210505