Some questions about divorce procedure

1. Affidavit should be of current date. At the time of mutual divorce both parties must be present in court. 2. Stamp duty varies from state to state. It can be available in any district court. 3. No. Since wife is living in Delhi hence case can only be filed in Delhi alone. 4.On signing of the first motion petition the case shall be filed in court and the statement of parties shall be recorded and thereafter the court shall pass necessary order allowing first motion giving parties six months waiting period and thereafter second motion shall be filed and same proceeding shall follow and the court shall grant divorce.

Joint petition for divorce by mutual consent can be filled in family district court in Delhi if either of the parties living here. First motion will be passed and waiting period of 6 months follow, however both parties can move application after one week of the order of first motion for condonation of 6 months period on the ground of exceptional circumstances as in this case that husband is living outside India cannot travel again in six months and the parties are already separated for 6 years hence no chance of any reconciliation between them. It's because of recent Supreme Court's judgment in Amardeep Singh vs Harveen Kaur case, the Family Court has been allowed to condone 6 months waiting period and grant divorce at earliest.

I had recently got this done in Family Court at Tis Hazari Court, Delhi.

 

For detailed case discussion: vijaymahajan5758@gmail.com

Thanks for the responses.

1. Unfortunately, I have very short trips to India. Once the affidavit is signed, how long does it take for it to be submitted in court?
2. Is an advance appointment required in the Delhi court for filing? If so how much?
3. What is the stamp duty for the affidavit and Delhi, and where do i get the stamp paper in Delhi?

 

 

For Delhi Family Court Divorce case contact me on my email address as provided.

The first motion petition is filed and a short date for both parties to appear is fixed by the filling department. On the date of appearance in the Family Court usually the first motion statement is recorded on same date or a short date fixed for that process. The recording of statement, followed by the order/judgment of the Family Court on the same or short fixed date.

The joint petition of divorce by mutual consent for first motion is fresh petition, with fresh affidavits of both parties and copy of their identity proof, marriage certificate, proof of residence of anyone in Delhi. The Court fee for the divorce petition in Delhi is Rs25/- plus other miscl. charges and the fee of the lawyers.

The first motion followed by second motion petition and application for condonation of 6 months waiting/cooling period will further be costing for court fee etc. reasonable amount only. The desertion of Family Court to condone the 6 months waiting/cooling period which is being allowed as I informed you above if there is reasonable ground. The process for second motion will be repetition of what was done in first motion, followed by final order/judgment of divorce and decree of divorce issued to the parties by the Family Court.

A month's time should be planned for the complete process and for taking decree of divorce with you if you so plan.