Mutual consent divorce timeline

Anonymous query

Even though your marraige has not been registered, there are several evidences establishing your marraige. You can file mutual consent divorce. It may take 3 to 4 months to get the decree even if you speed up the proceedings.

The marriage performed as per Hindu religious rites and a caste customs is recognised as a valid marriage, the marriage certificate or registration is not necessary especially for filing a divorce case.   If he is agreeing for mutual consent divorce, it may take a minimum period of six months, or if your sister is filing a divorce case on the grounds of cruelty or desertion or any other ground, if he is not in India and the  summons are not served upon him,as a alternate service of summons i.e., substitute service of summons through local news paper publication, on his non appearance, the case can be decided exparte, in which case the entire process will be completed within three to four months from the date of filing.

Thank you all for your kind reply. We were told by some people about an 'out of court' settlement. We want her to get her re-married as soon as possible, preferably in the next 2 months. But we want this to be completely legal. So, what is this 'out of court' settlement? And is that a good option expedite this process? Please kindly guide us. Thank you.

Thanks.

Ax

Out of court settlement is nothing but mutual consent divorce. 

Is it okay to get her married before the divorce is finalized i.e., while the divorce is still in process? The guy is willing to sign an agreement that he is okay with it. Is that valid?

No it is not possible. In marital discord the Agreement doesn't hold any good. It has to be only through the decree of divorce.

Assumptions:

1. Lets say you have married the girl before the divorce, the husband has all right to file the case of Bigamy against the new husband.

2. Husband can also pray the court to make the marriage null and void.

3. Even if you try to hide this information, it will outburst.

 

Think before you ink!!