Separation

5 years ago

I am living in Australia since 2015. Recently in Nov 2017 I have done court marriage with my boyfriend (in India) so that i can get marriage certificate to apply for his Australian visa.
However things do not seems to be working well between us now hence we want to fix the mistake which we have done and get separated so that we can move on in our life. We haven't told this at our home hence please advise if this can be fixed and no one gets to know about this.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your matter best remedy is divorce by mutual consent if you are a Hindu by religion. It will only take 6 months for taking divorce by mutual consent. If you can manage a divorce in Australia do it as divoce is easier there.

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Prabhakara S K Shetty

Responded 5 years ago

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A.If you can manage a divorce in Australia do it as divoce is easier there. If you want a divorce in India, you should be having some Indian address document -residence proof.

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Johnson Thangiah

Responded 5 years ago

A.Sir,
It is better to approach Australian Indian Embassy "Charge D Affairs" official and he can guide you.

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Ambrose Leo

Responded 5 years ago

A.There are professional family matter lawyers in metro & cities to guide & help quickly contact them.

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Nirmal Chopra

Responded 5 years ago

A.In my opinion divorce should be the last resort to sort out matrimonial disputes.But since you have decided to separate, best remedy is divorce by mutual consent if you are a Hindu by religion. It will only take 6 months for taking divorce by mutual consent. Even time of 6 months can also be waived off in view of recent supreme court judgment.

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Anonymous

Replied 5 years ago

Can Iapply for divorce now? or will have to wait fr 1 year from date of registration?

Nirmal Chopra

Replied 5 years ago

As per section 13B of the Hindu marriage Act u should be residing separately for at least one year.The remedy is to file a divorce petition by mutual consent along with an application for waiving off one year period. If the court dismisses the application for waiving off one year period or dismisses the divorce petition being premature, then a SLP can be filed in supreme court directly without going to high court as because of supreme court judgments, only supreme court has the power to waive off the minimum period of one year prescribed under section 13.b

Ashish K Dongre

Responded 5 years ago

A.Go for mutual divorce, nothing can be done now beside getting divorce.

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Mohit Sharma

Responded 5 years ago

A.It is advisable to file for divorce by mutual consent. And it will be granted within 6 months from the date of filing of petition.
But however if you can show that you can prove exceptional hardship to the court then the divorce may be granted within 1 or 2 months.

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Anonymous

Replied 5 years ago

Can i apply for divorce now? or will have to wait fr 1 year from date of registration?

Mohit Sharma

Replied 5 years ago

You can file for divorce now. You don't have to wait for 1 year.

Abhimanyu Shandilya

Responded 5 years ago

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A.Yes you can apply for judicial separation or divorce under mutual consent but you will have to wait for one year to get over from the date of registration.

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