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How soon I can get Divorce
1 year ago
I am Hindu and being married since 2015. The fights have been started after few months after the marriage due to my less salary was one of the reasons. Fighting over the money and expenses is still one of the reasons which are giving me mental trauma. We have a son who was born in 2017. We are not physically involved since 2016 October, it's basically a sexless marriage. Her being unhygienic and having ugly fights is one of the reasons. She often tries to control me, and criticize but I always resist. Have never hit her for any reason but maybe in rare cases in fights I may have abused her (unsure). She often threatens me that if I tell about these incidents to any of the parents, she will kill herself. My wife's behavior is good with our son and relatives but within us we are different, we have no understanding at all, and want to come out of the marriage.
A.Dear Sir,
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
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A.Hello,
Process For Filing Divorce By Mutual Consent
Filing of the Petition in the Family Court
Joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together. Thus, have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition has to be signed by both the parties.
Requirement of Documents for filing Mutual Divorce Petition:
Address Proof - Husband and Wife.
Identity Proof � Husband and Wife.
Two Passport Size Photographs- 1husband and Wife
Four Photographs of Marriage.
Marriage Card.
Memorandum of Understanding.
Evidence of Staying separately for a year.
Marriage Certificate (If registered)
Appearance before the Family Court Judge for First Motion for Divorce
Both the parties will enter their appearance in the Court along with their legal counsels. Family Court Judge will go through the contents of the petition along with all the documents presented in the Court. Court may attempt to reconcile the differences between the spouses, however, if this is not possible, the matter proceeds further.
Joint Statement on Oath
After going through the contents of the application, Court may order the party's joint statements to be recorded on oath and joint statement are signed by both the parties along with their respective counsels and then First motion is passed.
First Motion order is passed, 6 Months Time period is given for the Second Motion
An order on the first motion is passed by the court. After this, a six months cooling period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.
Second Motion hearing and Final Decree
Once the parties have decided to go further with the proceedings and appear for the second motion, they proceed with the final hearings. This includes parties appearing and recording of joint statements before the Family Court.
If the court is satisfied after hearing the parties that the contents in the petition are true and that there cannot be any possibility of reconciliation and cohabitation and the issues pertaining to alimony, custody of children, properties, pending litigations etc are settled, Court may pass a decree of divorce declaring the marriage to be dissolved.
Divorce becomes final once the decree of divorce has been passed by the court.
For better clarity reach put to an advocate
Process For Filing Divorce By Mutual Consent
Filing of the Petition in the Family Court
Joint petition for dissolution of marriage for a decree of divorce is presented to the Family Court by both the spouses on the ground stating that they have not been able to reconcile the differences and live together. Thus, have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition has to be signed by both the parties.
Requirement of Documents for filing Mutual Divorce Petition:
Address Proof - Husband and Wife.
Identity Proof � Husband and Wife.
Two Passport Size Photographs- 1husband and Wife
Four Photographs of Marriage.
Marriage Card.
Memorandum of Understanding.
Evidence of Staying separately for a year.
Marriage Certificate (If registered)
Appearance before the Family Court Judge for First Motion for Divorce
Both the parties will enter their appearance in the Court along with their legal counsels. Family Court Judge will go through the contents of the petition along with all the documents presented in the Court. Court may attempt to reconcile the differences between the spouses, however, if this is not possible, the matter proceeds further.
Joint Statement on Oath
After going through the contents of the application, Court may order the party's joint statements to be recorded on oath and joint statement are signed by both the parties along with their respective counsels and then First motion is passed.
First Motion order is passed, 6 Months Time period is given for the Second Motion
An order on the first motion is passed by the court. After this, a six months cooling period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.
Second Motion hearing and Final Decree
Once the parties have decided to go further with the proceedings and appear for the second motion, they proceed with the final hearings. This includes parties appearing and recording of joint statements before the Family Court.
If the court is satisfied after hearing the parties that the contents in the petition are true and that there cannot be any possibility of reconciliation and cohabitation and the issues pertaining to alimony, custody of children, properties, pending litigations etc are settled, Court may pass a decree of divorce declaring the marriage to be dissolved.
Divorce becomes final once the decree of divorce has been passed by the court.
For better clarity reach put to an advocate
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