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Atul (ss)     26 April 2010

need advice

Hi

Some body pl advice in my case

we got married 7 years back in M.P and presently residing at Chandigarh and have 1 issue and residing in one house in Chandigarh and we both want divorce with mutual consent.

so my querry is

Where can we file divorce whether at Chandiagrh or M.P. and can we file mutual divoce even though we are residing in one house ?

pl somebody advice at the earliest



Learning

 6 Replies

A V Vishal (Advocate)     26 April 2010

IN CASE OF MATRIMONIAL DISPUTE: Where a dispute arises between Husband and wife inregard to their marital life then the case may be filed either:

  • In the place where marriage was solemnized, or ;

  • In the place, where opposite party is residing, or;

  • In the place, where Husband and Wife lost resided together, or;

  • In the place, where person filing the case is residing, provided that.

Opposite party has not been heard of as alive for the last Seven years, or

Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.

Atul (ss)     26 April 2010

thank u Mr Vishal

but what about staying together right now  as I think speration is must for 1 year or We can file divorce

Suchitra. S (Advocate)     26 April 2010

Atul Sir, according to S.13 of HMA, the couple should be residing seperately for one year before filing for divorce under mutual consent.

Isaac Gabriel (Advocate)     26 April 2010

Presumably, you want to live together even after divorce,woth some hidden agenda ? The law requires separate living ,and you should prove this before law to get divorce.

Atul (ss)     26 April 2010

thank u Mr Gabriel but let me clarify at present we r residing together simply I want to say we have same postal address nothing more and there is no chance for doing so after Divorce and we both want the divorce on mutual consent so there will be no issues like child coustody maintaince etc and there is no hidden agenda we simply want seperation.

and pl clarify what Suchitra. S in telling is true wether it means two different address as I already told that we have same postal address and wether this condition is compulsary as such is there is no way out.

pl clarify


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