vs (student) 10 October 2008

how much time duration is required to get divorce by mutual consent

Hi All,

My brother and his wife got married as on 06.02.2007. Due to many types of disputes, his wife went to her homeside, and imposed many lie blames in community. Now she is residing far from my brother since 30.8.2007.

Please let me know that how much time duration is required to get divorce by mutual consent? If any other way is possible so that we will safe from any criminal blame and my brother's Govt. Job remain safe please let me know.

Is there any way to safe our property if his wife does case in court?

Please Help,

Thanks

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9 Replies

SANJAY DIXIT (Advocate) 10 October 2008

Dear,
The manadatory conditions for the divorce under mutual consent is--
(1) The petition should be filed after one year of marriage.
(2) The petition should be filed after one year seperation.
(3) The minimum period for disposal of the said petition is 6 months.

Regards...
Sanjay Dixit

K.C.Suresh (Advocate) 11 October 2008

Dear vs

You know we all call the Kerala CM "VS" because he is "V.S. Achuthanandan". So my dear vs it will take 1 year after mrg, If seperated 1 year and for proceedings 6 months. 1 1/2 yrs.

The crucial date is 1-9-2008 in your case. Beware of the 498 A cases. For preventing that you must always watch. There is no scope for a caveat in this matter as the initial proceedings like FIR is starting from the court. A job is at stake only if remanded for 24 hrs. That too based on state service rules.

Kiran Kumar (Lawyer) 11 October 2008

dear vs,

Mr. Dixit has cleared u the legal position....i must add one thing that the statutory period of 1 year can be waived (for the purpose of recording of statements) in appropriate cases.

wen u r getting divorce by mutual consent then dont worry abt the criminal proceedings, enough safe gaurds for u get out of it.

but make sure the divorce is by mutual consent.

SHEKHAR MISHRA (public servant) 11 October 2008

Sanjay is right.

vs (student) 11 October 2008

Thanx all,

Sir ,

please let me know tht is there be any further right of wife in my brother's property if we not debar him from my father's property.

Can she claim for maintenance?

Is this necessary to debar my brother from my father's property before aany proceedings?

SANJAY DIXIT (Advocate) 11 October 2008

Dear vs,
Whether you are asking about the post divorce situation.
I think instead of putting parts if you put a querry in full at the first instance, it would be better for the members to go on it.

If the divorce is by way of mutual consent, then the settled conditions are also mentioned in the petition.
Now if the wife has forfeited her right to claim maintenance in future, then she can't claim maintenance in future.
After a divorce husband and wife lose their rights against each other regarding property.
So, be happy she can't claim property of your brother after divorce.
I think there is no need to debar from the property.

Regards...
Sanjay Dixit