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utkarsh sharma   30 May 2017

Mutual divorce proceedings - 1 year sepration period?

I have been married for 15 months now. My wife moved out 3 months back  and stays at a rented apartment in the same city.

Problems in our relation started developing soon after the marriage. My wife comes from a broken family (her parents lived apart for 8 years without divorce) and she quits at the first instance of trouble.

In our 12 months together, everything was fine for first few months, then she started complaining about having trouble in adjusting. She left our home atleast thrice (Aug, Oct and Jan) before finally leaving on march 2017. In the all the past instances, i persuaded her to come back and after a lot of efforts she did come. But this time its been 3 months since she left.

 

The main problem is that no one else from her parents is interested in this marriage ether. This on and off relationship is quite trouble some ffor me. I have gone through various articles about divorce and eeverywhere it says that we will have to show at least 1 year of seperation before we apply for divorce.

 

Please suggest, if there is a way by which we can apply for divorce by mutual consent with our 3 month seperate period.



Learning

 4 Replies


(Guest)

Why dont you give this relationship another chance?

Divorce will eat you up.  It not matter of how to get divorce.  What all a divorce can do to you, you cant even imagine.  The ill effects of divorce are many.  Please dont take divorce.  Dont give up on marriage.

I am telling this for your own good.

You can contact me if you want.

Raveena Kataria (Advocate )     22 June 2017

The petition for divorce on mutual bases can be applied for immediately, you don't have to wait for any certain amount of period for the simple filing of a petition. It's just that at least a year has to elapse before the court decides to grant the decree in case any of the parties changes their mind and wishes to withdraw their consent for divorce. You both can thus immediately seek court's help.

utkarsh sharma   23 June 2017

It's just that at least a year has to elapse before the court decides to grant the decree 

 

1 year from ?

Raveena Kataria (Advocate )     23 June 2017

1 year from the date when both of you first apply for the petition (for divorce on mutual grounds) in the court.


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