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RITU................ (ENGR.)     09 June 2010

Divorce with mutual consent within 6 month of marriage

My Freind has got married in the month of May'2010 itself, he and his wife are ready to divorce each other with mutual consent, and want apply in Family court for the same,

Can they get Divorce with mutual consent within 6 month of their marriage, is it possible or is there any time limit? as they want to divorce each other as soon as possible, 6 month is also tooo much for them.

Plz advice.

 



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 9 Replies

RITU................ (ENGR.)     09 June 2010

Will they have to live separate while these 1yr and six month to file for divorce, or will they be eligible to get divorce even if they lived together during these 1 and half years?

RITU................ (ENGR.)     09 June 2010

Is there any other legal Idea because my Freind(Husband) actually doesnt want to live with her at all even for a month. Actually it was a forced marriage by their parents and they want to be separated from each other any how, and they are forcing them to live together for want of children.

Plz advice any possible legal Idea.

Arup (UNEMPLOYED)     09 June 2010

when they decided for divorce, donot bring a child in between because it will complicated the matter, further.


(Guest)

 he can have a baby wid tat  lady, he just doesbt want to live wid her. so funny.can have babies wid her cant live wid her irony of the story.....

SHARAD CHANDRA DANEJ (Asstt. Manager)     10 June 2010

Dear Rita,

 

There's no point in bringing a child while both the parties want a mutual divorce. The waiting period of 6 months after filing divorce case is under review of the supreme court. Even some judges of supreme court are of the view that the period of 6 months waiting after filing divorce case can be waived. Even some courts are doing. So if both of them have decided to go apart then they should not bring a child as it will further complicate the things and divorce too.

 

S C DANEJ

RITU................ (ENGR.)     10 June 2010

They dont want to have child, when they are mutually agreed to get separated then why would they want children, I told their parents want grand children from them as they dont know the truth about thei separation planning, thats why they want get separated as soon as possible specially they Boy, as he want to marry his Girl Freind, his wife also know about it and agreed to leave him for his happiness.

Now would any one of you suggest me that if they have to wait atleast for 6 month to file for divorce, then can they make a duly signed and attested separation agreement between them with the help of a lawyer containing no objection of their second marriage and will not create any problem in future in each others life and will give divorce each other after 6 month etc etc so that the Boy can marry his Girl Freind and start living his life happily.

Plz suggest is that second marriage will be valid based on that agreement?

is such aggreement is possible, can his wife create any problem in his second marriage and deny for divorce even she signed the Aggreement.

Their marriage is not yet registered in court, then is this marriage is still valid in the eyes of indian LAW?

if not then can that Boy get registered marriage with his Girl Freind, will this marriage be Valid?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 June 2010

Dear Gita,

I want to know more about their case. U can call me at 9871158578. Although there is provision to waive that statutory period of one year.


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