Cosmopolitan Bengaluru (formerly
Bangalore) is one of India's most progressive and developed cities, blessed
with a benevolent climate and very nice surroundings it’s recognized as Silicon
Valley of India. The past decade has seen a mad surge of development, coupled
with traffic congestion and rising pollution levels and more alarmingly RISE IN DIVORCE RATES too, at this pace
be no surprised after Mumbai and Delhi it will be Bangalore that will have the
highest number of divorces. Today stress levels have hit the roof creating a
wedge between two people, pushing each farther away and they are just a memory
to each other… some common reasons I have heard from my clients are unable to
give time to each other, no sexual intimacy, communication problems, alcohol
and drug abuse, small apartments to live in with In-Laws (Infrastructure
challenges), lack of trust, infidelity, adultery, impotency and sexual
orientation.
The fact is that today couples, who
are well educated, after realizing that marriage has no future and they are
virtually carrying on irretrievably broken down marriage and there is no
possibility of reconciliation, after a calm and careful deliberation and taking
their respective parents into confidence, couples decide to approach the
learned court to seek a divorce by their mutual consent.
Here
are the steps outlined one can refer to…
1. India is a multi-religion country
Divorce my mutual consent carries different process for different religions in
India, Hindus are governed under the Hindu Marriage Act,1955, Christians are
governed under Indian Divorce Act-1869 & The Indian Christian Marriage
Act,1872, Parsis are governed by The Parsi Marriage & Divorce Act-1936, and
Muslims under Personnel laws of Divorce and also the Dissolution of Marriage
Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986, and
finally for NRIs, or Foreign nationals who are married with Indians fall under
a secular law called Special Marriage Act, 1954.
2. Governing rules for couples to seek
divorce by mutual consent are as follows
a. Both Husband and Wife have mutually
agreed to dissolve the marriage under no influence / threat
b. Filing the petition for mutual consent
should be done in the jurisdiction where husband and wife live ( document
required to prove the jurisdiction is address proof)
c. Both Husband and Wife are living
separately since one year (i.e.. staying in different locations and not under
one roof in different rooms, address proof is the document required)
d. After filing the petition both husband
and wife has to wait for 6 months (Cooling Period) to complete the procedure
post which they will be declared divorced, but in a recent development in this clause a married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday 12th September 2017 held that the "cooling off" period in not mandatory and can be waived off.
e. After the divorce decree is granted,
they need to go to the marriage sub-register office and submit a form along
with the divorce decree to cancel the marriage certificate
3. Divorce is filed in the family court
of the city; in Bangalore family court is located at H.Siddaiah Road, Sudhama
Nagar, Bengaluru, Karnataka 560027. The court operates from 10:00 AM in the
morning to 6:00 PM in the evening, Monday to Saturday.
4. The couple who plan to seek divorce
meet a lawyer and share their concerns, post which the lawyer drafts a petition,
collects signatures on a few affidavits and applications and depending on a
date that suits everyone they decide to file the petition at the family court.
Documents required to complete the filing are
a. Divorce Petition for dissolution of
marriage under sections and acts as per the religion
b. Memorandum of Understanding (in case
of child custody, property and assets etc…)
c. Verifying Affidavits of both Husband
and Wife
d. Joint Affidavit of both Husband and
Wife
e. Application under Section 13 Family Courts
Act
f. Address Proof of both Husband and Wife
g. Identify Proof of both Husband and
Wife
h. Marriage Invitation Card
i. Marriage Photograph
j. Marriage Certificate
k. Valkalatnama
5. On the day of filing, both Husband and
Wife meet the lawyer at the family court, the lawyer verifies all the
documents, prints them on a green colour legal paper of size 8.5” x 14”and
aligns them as per the requirements / process outlined by the family court,
collects signatures from both husband and wife in the presence of an authorized notary, affixes the stamps and pays the
stamp duty (fees) as prescribed by the court depending on the act and section
under which the petition is being filed. This process typically takes not more
than a couple of hours and the filing is completed.
6. The Filing department forwards the
case file to the court after verification, If in case there is an error, or any
document not as per the prescribed rules, or any other point mentioned does not
meet the requirements outlined as per the act and sections the couple are
governed, the judge raises an objection.
7. The Lawyer is notified about the
objections and the same needs to be rectified, typically 15 days to 1 month
duration is granted by the court to address the objections. The lawyer then
reconvenes with the parties (husband and wife) and collects all relevant
information / additional documents and submits to the court. In case the
objections are not addressed, the case gets dismissed and the procedure needs
to be followed all over again.
8. If there is no error and the filing is
done following the correct procedure the court accept the petition, records the
statements of both parties and date for next herring is given, this is
typically 6 months from the date of filing the petition. There have been some
cases where a special prayer is done by the lawyer and parties to wave off the
cooling period of 6 months, but this practice is not entertained in all cases.
The Supreme Court put an end to this practice in the year 2009, but still in
some cases the High Court has granted relief form the waiting period.
9. During this waiting period / cooling
period of 6 months either both Husband and Wife or any one of the party can
withdraw the petition, however the courts comedown heavily and wran parties who
are withdrawing the consent after filing if the intention is to extort money or
draw vengeance, more often than not such instances don’t occur and the process
gets completed. The point I am highlighting here is the opportunity.
10. After 6 months both husband and wife
have to present themselves before the court to confirm the mutual consent filed
earlier and in this cooling off period as well there has been no
reconciliation, in some cases if there is an inclination of saving the marriage
counselling can be recommended at the mediation center of the same premises in
Bangalore, if nothing works out, the final order is passed and both are
declared divorced.
11. Once the divorce decree is granted the
final step is to visit the Marriage Sub Registrar office and get the marriage
registration cancelled. This completes the process.
A very important point to remember is
during this 6 months waiting period it’s advisable for the (Husband) boy or
(Wife) girl not to entertain any second marriage option or engage in a
courtship, this is punishable offence and will entertain complications in the
proceedings.
Trust
this blog was helpful and the reader has fair knowledge on the procedure for
divorce by mutual consent that prevails in India, If you need assistance /
support or need to discuss about your case feel free to drop a note to me at lawyersonia@gmail.com or call at
9845944896.
Feel
free to share your feedback / comment on this post.
69 comments:
Sonia... your blog post is extremely well crafted, my lawyer was unable to explain the details or did not disclose a lot of information during my proceedings, though the case was resolved I was always wanting to know the next steps that were unclear and caused a lot of anxiety, your blogs are eye openers for the readers to know and understand clearly what one needs to expect and the process to be followed. Please continue this good work and service to the community with your writings...
God bless you.
I am a Muslim man married to a Hindu girl, I am also married to another Muslim woman as per my personal laws. My Hindu wife is not converted herself to Muslim and now wants to divorce me. Kindly advice if I go for mutual consent divorce what will be the process. I have written to your email ID mentioned in the blog as well, looking forward for your help.
I've replied to your email with the complete process and steps. We will discuss on call further.
Nice blog,
just curious to know what happens if you apply for divorce within one year of marriage. Is it mandatory for couple to live separately for one year before applying divorce.
Santosh, If you are applying for Divorce by Mutual Consent and its within one year of marriage then the case gets dismissed. You can opt for annulment of marriage if the time is very less like couple of months and the marriage is not consummated. Secondly you can file divorce under the grounds of Cruelty although the marriage is less than a year, there are changes of getting divorce on these grounds, you need not wait for one year term.
can the waiting period of 6 months after application be waved off, and if so under what circumstances.
my husband did not give me a anything in alimony and my in laws also kept all my belongings and stridhan, they have agreed after filing divorce by mutual consent they will return my things. When will this happen as per the process ... its already two months we have filed our case since.
@Nikunj, I think it can be but it is difficult and so lawyers suggest to follow the law and wait for 6 months. I just googled and found a lot of cases where it is waved off... here are some links for you
http://www.livelaw.in/gujarat-hc-waives-off-6-months-cool-off-period-in-granting-mutual-divorce/
http://www.livelaw.in/supreme-court-invokes-article-142-waive-cooling-period-mutual-consent-divorce-plea/
http://law.geekupd8.com/2013/09/Divorce-Cases-High-Court-says-Wave-off-6-month-respite-cool-off-period-Roshan-Dalvi-Bombay-High-Court.html
Ketaki, a MOU needs to be signed when you exchange your belongings, this can be done any time during this 6 months of cooling period. If your are not satisfied and your belongings have not been returned any time you can withdraw the MC Petition and contest your case.
Sonia, What happens if one wants to cancel the divorce petition filed by Mutual Consent. But also want to ensure there is no aggregation from the other party after compromise.
Do I have to pay alimony if the divorce is by Mutual Consent.
@Ravi, You and your spouse can dismiss the divorce after the papers have been filed. Simply file a dismissal form from anytime before a judgment has been entered. It can be done with our without the help of a Lawyer.
Your second question is to ensure how to deal with issues if they arise after compromise. The best way to deal with them is to sign an MOU and a series of counselling sessions with follow thru till the trust and love in the relationship is established. You may wish to read my blog on Counselling following the link below
http://lawyersonia.blogspot.in/2016/06/marital-and-pre-marital-counselling-in.html
@Amit, Spousal support is not mandatory in most states, but can be ordered by a judge under certain circumstances, usually seen during the contested divorce procedure.
The Mutual Consent, very term indicates you and your spouse agree on certain terms before separating amicably. As a best practice we get an MOU signed which includes all terms and conditions like Child Custody, Visitation agreements, Alimony / Maintenance, ISTREEDHAN, Belongings of each others, Grandparents Rights on Children, either party will not defame each other etc...
So, its purely between you and your spouse to decide if at all there is a clause of one time settlement or monthly maintenance before filing the divorce and the same details will be added into the petition.
Maám, your blog says we need to wait for one year to get divorced. Can we get divorce in less than one year, we are married only for 4 months now and want to get separated. Kindly advice
Yes You can, there are couple of ways we can accomplish this. You may wish to call me or meet me and I will guide you further.
Mam
Can the mutual consent divorce be expedited and obtained in 2 months from the date of filing as we are living separately for more than 1 year already.
I got married in January, from the day of marriage we are quarreling, I am also keen to get sperated in less then one year of marriage. Can you kindly suggest if in the past such an incident has occured. I have met many lawyers in the last two months and all have rejected my case stating I need to wait for one year. Both I and my wife consent and agree we cannot stay together and need to go for mutual consent divorce.
I got your email too and have replied in detail all the steps, you may wish to meet me and discuss futher. For the interest of the readers here is one such case law you may refer where such a relief is granted and the couple were divorced in less then one year of marriage.
Such relief was granted by the Delhi High Court
Sh. Tarun Kumar Vaish vs Ms. Meenakshi Vaish on 13 April, 2005
Equivalent citations: 119 (2005) DLT 567, 2005 (82) DRJ 22
Author: M Mudgal
Bench: M Mudgal
JUDGMENT Mukul Mudgal, J.
You may wish to go thru the following link to read the judgement : https://indiankanoon.org/doc/338570/
Sonia Madam, Very informative blog, I wanted to know if we can settle our financial disputes and other challanges after Divorce or should they be done before the second motion.
Evening Soniaji.... A muslim boy n girl married under Indian law (registered marraige) find that they are incompatible after a month of being married.Hence decide to part ways and after 6yrs of seperation decide on MCD. Does the hindu law apply here or will it take a diversion ?( some other law for muslim kicks in that we need to be aware of).
2. Will the 6 months time for decree apply still ? or how do we go about in shortening that time frame?
Will it be difficult to get divorce by mutual consent after the Bombay high court ruling. We don't have any compelling reason but just don't get along ...
http://m.hindustantimes.com/mumbai-news/check-terms-of-mutual-consent-divorce-bombay-hc-tells-family-courts/story-U9tvzCuMjdiMX0oE4W7saI.html
Will it be difficult to get divorce by mutual consent after the Bombay high court ruling. We don't have any compelling reason but just don't get along ...
http://m.hindustantimes.com/mumbai-news/check-terms-of-mutual-consent-divorce-bombay-hc-tells-family-courts/story-U9tvzCuMjdiMX0oE4W7saI.html
@Anusha, many a people are for petty issues are seeking divorce, and its important that the draft you prepare should be strong enough that an objection is not raised. Ensure there is a compelling reasion for divorce and becasue both boy and girl dont want to drag the case mutually agree to get seperated.
Hello Sonia, I have found your article very helpful. I have a query. Is it required or mandatory to apply for Decree certificate if marriage was not registered? Boy and girl get mutually separated after 3 months of marriage by signing on 100 rupees stamp by Notary. Is this a valid document ? PS: Marriage is not registered
Thanks
No, its not mandatory, in your case the marriage is still not registered.
But signing on a INR 100 stamp in front of Notary is not valid, you need to visit the family court, seek assistance from a laywer and get your marriage disoved or get a decree for void mariage which will ensure there is no more legal hazzles any further.
If in case you delay the proceedings, you may have to follow the timelines as per the law of the land for divorce by mutual consent and have to wait for 1 year before filing and 6 months there after to get the decree.
Regards,
Sonia
Hi Sonia, Your blogs are very nice to read, I am 46 years old, I am an Indian by birth, but not married in India, marriage occured in Durban, my spouse is not an Indian (she is a French African). We now live in Bangalore since couple of years. Can we get divorce in India. I am a Christian.
Yes, you can apply for divorce in India. If you need detailed inforamtion on the spesific steps feel free to write to me at lawyersonia@gmail.com or call me to discuss.
Regards,
Sonia
Marriage is the root cause for divorce, I think in the coming days one will be only in a live-in-relationship. No Marriage ... No Divorce ...
your blogs are good to read Sonia.
I am based out of Mumbai and my spouse is currently located in Denmark, we both are working with IT Companies and lack of time with each other has forced us to get seperated. We both belong to Bangalore. Can we file divorce in Mumbai or out of India or in Bangalore only. Is it manadatory for my spouse to be present to file the divorce or can I on my own self do so as she is not communicating nor willing to travel to India, but consents for divorce if I can send her the papers she can complete the paperwork.
Grateful for such a detailed information in this blog, I have a question, what happens if the couple wishes to remarry after getting divorce to the same person, is there any law that can nullify the divorce and reestablish their marriage. I mean a hypothetical scenario but is there a provision to cancel the divorce decree if both boy and girl have resolved their differences after getting the divorce... I mean it may be possible ... not sure if such a situation has come up in the past.
@ anonymous : Marriage is not the root cause of divorce, the understand between couples after marriage is the issue. You may wish to go thru my blog post on how to avoid divorce http://lawyersonia.blogspot.in/2016/08/how-to-save-marriage-10-ways-to-avoid.html
@ anonymous : You may wish to file the divorce either in Bangalore or in Mumbai, if your wife Denys to come down to India ask her to give a Power of Attorney document to any person in India and the filing can be done accordingly. Should not be a problem...
Vikrant, Its not a hypothetical scenario, there have been multiple such instances where the couple decide to come back, I have personally dealt with such cases especially when the child is involved, after divorce the couple realize they both need to nurture the child and for the benefit of the kid they have reunited. The options with you are as follows:
1. Knock the doors of the High court and get the divorce decree null and void
2. Re-Marry and Re-Register your marriage ( you have to wait for 90 days if its contested divorce, if its mutual consent, there is no waiting period for remarrying the same spouse after MCD)
Trust this answers your question. ...
Regards,
Sonia
Hi Sonia,
Really informative blog. Just wanted to know if it's mandatory for my spouse and me to be present during any of the hearings in mutual consent divorce.
You are required to be persent during filing (first motion) and on the last day ... i.e.. after 6 months (second motion). In between if there are any hearings your lawyer will represent you, unless untill the judge wants you to be there which rarely happens.
to summarize, its only twice you are required one during filing and second during the orders.
For the first time in India... Divorce case in the court via Video Confrence
http://timesofindia.indiatimes.com/city/bengaluru/divorce-case-heard-via-video-conference/articleshow/56133366.cms
Maám ... we both are hindus, got married in India, now staying in Florida, my wife fought with me and came back to India, I filed for a divorce in Florida, my wife did not come for the proceedings neither did she reply to the notice sent and I have got divorce. After divorce I married another girl, My wife now has filed multiple cases against me in India and is questioning my second marriage calling it illegal. What should I be doing in this case.
I undersatnd your concern, in your case your wife has challanged the decree of divorce you have obtained and believe she has called it as obtained by Fruad and filed cases against you in India.
Under Section 13(e), Civil Procedure Code, the foreign judgment is open to challenge "where it has been obtained by fraud". If a couple is married under Hindu law,
(a) the foreign court that grants divorce must be acceptable under Hindu law; and
(b) the foreign court should grant divorce only on the grounds which are permissible under Hindu Law.
The two conditions make it almost impossible for a Hindu couple married in India to get a legally valid divorce from a foreign court since no foreign court is an acceptable one under Hindu Marriage Act and also because no foreign court is likely to consider the provisions of Hindu Marriage Act before granting divorce is the reason your wife has drawn case against you.
There are multiple ways to tackle the situation you are facing, to start with be quashing the proceedings against you in India or the next best option is to settle the matter out of court, showcase your set of evidences and contest the matter to uphold your rights, You may also wish to hire a mediator (lawyer) who can represent you and establish communicattion with your spouse and resolve the matter amicably out of court without escalating the issue at hand... etc..,
I will need additional information beyond what you have mentioned to provide you further legal steps you can take as per the law of the land. Kindly connect with me offline via email / call and I will be glad to assit you overcome this situation.
Regards,
Sonia
Hi mam... i read your blog and its very very informative. Mam i want some suggestion from you regarding Divorce. My marriage is 7months old and in my relation, i found my partner very clever and selfish. She shared every detail of what happen at my home, to her mother. I am very depressed with the kind of behaviour, she is doing with me and my parent. After many discussions with her and with her parent, now things have gone beyond our patience. Please advice what steps i can take in order to ensure safety of my parent reputation and legal procedure of divorce. And I dont know whether she want to divorce me. Thankyou.
@Deepak, You may wish to send a legal notice to start with and suggest to sort out things thru counselling ... if this does not work you can opt for if this does not work out seek for judicial separation as a next step.
For divorce by mutual consent you need to complete one year of marriage, you can file a contested divorce and then the same can be converted to mutual if matters are sorted out of court.
To safeguard your interests, incase your spouse tries to file a DV / 498a against you and your parents, you can opt for an Anticipatory bail.
Feel free to email me or call and disucss further...
Regards,
Sonia Rajesh
Hi Sonia maam.. very nice blog, it's been 6 n half yrs I am married, after 1 year of marriage we are facing lot of issues n arguments and all.. no day starts without arguments n ends with arguments. We are still living together but want to take divorce. I have 3.5 yr old son and I want to know if we take divorce who will get the child custody, I am more worried because my mother-in-law n brother-in-law are trying to take my son from me.. already they are trying to fill negative thoughts on my son about me.. what rights on my son will they have after our divorce
Since the child is less than 5 years, the custody rights will weigh your way. They will not have any rights on your son expect for visitation that too if the court grants them permission.
Regards,
Sonia Rajesh
Sonia, I read your blog, firstly thank you for writing this detailed information, here is a questions I am looking for your suggestion. I am divorced and want to remarry another person in India. The divorce was granted to me by a foriegn court, my ex husband was in Canada and I was in India. He filed the case, and sent me the papers, I have signed them and the divorce is granted. The new persons family I want to marry wants to know if this divorce is accepted in India.
Yes, the divorce granted by a foreign country is not valid in India. You need to file a declaration suit in the Family court of your jurisdiction, the court will send a notice to your spouse (who had divorced you from Canada) and he has to acknowledge / reply the same followed with downstream activities as per the law of the land. This will complete the process.
If he does not acknowledge or reply the notice sent to him, the court will send him the notice twice. If he does not reply all three times you will be granted an Ex-Party Divorce in India.
The entire time for this process may take between four to six months. Please feel free to write into me at lawyersonia@gmail.com or call me if you wish to discuss.
Hi Mam,
Nice to read this blog and your replies which are really helpful. I thought of calling you but before that wanted to post my query here. My marriage is 13 months old and since the past 4 months, Me and my wife have been living separately. Now I am not sure if my wife wants divorce. However, she is not willing to come n stay with me either. In one of your replies (deepak's case where in husband not sure of wife wanting divorce), I read that sending a legal notice for counseling is an option. Can you let me know how that works... And if wife doesn't agree to it, what are the next steps for obtaining divorce.
Thanks
Very Interesting… Nice informative writing. Anyone can get more info about family law Attorney in Dubai as well as other various laws and lawyers.
Maam can you please tell me till what age do I have rights to take my son with me or after how many years does my husband have right to take my son with him?? And what rights do my in-laws have on my child?
@Srikanth,
I replied back to you on email too... posting here is for the benefit of readers...
The first step, I always recommend my clients is to talk it out either thru your reletives, friends or yourself (whatsapp... email... call ... sms etc...) and see if you can establish a conversation and try resolve matters amicably.
If communications fail and you have all reasons to believe a legal intervention is required... send a Legal notice with a call of action for counselling and resolving the matters amicalby, you can either opt a family counsellor or a lawyer who can mediate the differences between you.
You also have an option to file an RCR ... (Restitution of Conjugal Rights) ... asking your spouse to reunite with you as ordered by the court...
If you think all barriers are crossed and there is a point of no return, then either look for divorce by Mutual Consent or Contest and seek divorce. If your spouse does not appear to the court for three consecutive times after recieving the notice, nor there is any legal representation from her end you will get an Ex-Party divorce.
You may wish to call at 9845944896 and block my time if you wish to discuss over phone or in person.
Regards,
Sonia Rajesh
@Anonymous
You have all rights to calim custody for your son untill unless he becomes a Major and dicides not to live with you for what ever reason he justifies. Husband and in-laws will have to prove reasons for why your son cannot stay with you for moral or financial reasons or other grounds. The first right sways towards the mother.
Regards,
Sonia Rajesh
Hi Sonia maam.. I am non working women, planning to seek divorce from my husband.. I have one kid.. do I get compensation if divorce is applied on mutual consent??And how long it takes to get divorce if applied on mutual consent??
Thanks for your timely reply Ma'am. Since I have tried the option of resolving matters myself and through family, hence I think legal intervention would be required. I will certainly give you a call and block your time in the near future. Thanks once again.
A Hindu married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday 12th September 2017 held that the "cooling off" period in not mandatory and can be waived off.
Read the full news here ...
http://timesofindia.indiatimes.com/india/sc-waives-six-months-wait-for-divorce-under-hindu-marriage-act/articleshow/60482423.cms
we have applied for divorce by mutual consent in Bangalore Family court, his lawyer represented both of us. Before application he had made a few promises w.r.t. finances and child education / insurance / mutual funds etc for my child. Its four months now and he seems not to be responding neither his lawyer.
I am thinking to take back my application and settle the matter before proceeding further. I have two questions...
1. Is it possible to withdraw
2. Can you help me in this case
I understand your concern, need not worry. Please write into me at lawyersonia@gmail.com or call / WhatsApp on 9845944896. I will assist you, yes you can withdraw the petition too.
1. You may also send both to him and his lawyer a reminder notice to start with asking to adhere to the commitment.
2. If there is no response, on the day of the second motion, you can ask for another date and discuss your concerns during the mediation too
Regards,
Sonia
Hi,
i love my parents like anything, i can go for any far for supporting my parents.
Its been 3 years i got married, my spouse has different opinion about my parents because of differnt culture and way of living. For any reason, she use to corner my culture and my parents. I have zero tolerance in this case, though they were 3 sittings on both sides with parents to resolve the issue but no changes. I cant continue this situation any more, so i wanted to apply for Divorce. Please guide me how to proceed.
Regards,
Taj.
HI,
I love my parents like anything, its been3 years i got married,As its new relation, i see different opinion in my wife w.r.to my parents because of different culture and different living style . it reached to level that she is cornering them after any small things. I had little patience, thats also gone. when it come to my parents, i have zero tolerance. after 3 sittings with parents me and my wife there is no change. So i wanted to apply for divorce. Please guide me how to proceed here?
Regards,
Taj
Hi mam,my marriage is 10year old by law, and 7year by social. Well we want divorce on mutual consent but we are staying under one roof and not involve any kind of sexsual relationship since 4 years.i tried alot to save the marriage juzt because of society's thinking towards my family reputation. And also for my kid 4years old.
Now as per Mutual consent we have to be separat for minimum one year. Can't we take divorce ASAP. CAN'T WE MAKE AFFIDAVIT OF SEPARATION. AND START STAYING SEPARATELY. PLZ ADVISE
Yes Shashikant, you may wish to apply for divorce by mutual consent and follow the proceedings, we can based on the situation you currently are will process an application to close your matter asap as per the new guidelines of Supreme Court and try to wave off the cooling period of 6 months. You may also exercise an option of Judicial separation if there is lack of clarity on settlement / alimony / child custody etc... and matters are still unresolved.
Feel free to write into me at lawyersonia@gmail.com or call 9845944896 to block a time to discuss further.
Regards,
Sonia Rajesh
In the case of mutual consent divorce can the husband and wife be represented by the same lawyer? Or is it necessary to have separate lawyers?
Hey its really very helpful for those who are not aware of these things,
Actually I read your blog coz I also need your help and this is truly very serious matter ,
Actually my friend need ur litte bit assistance regarding this ,her husband had maked a complain to the police station that she is not wid him from nearly 8-9 months n need divorced but her husband is making her wrong in front of everyone that she's have some affairs ,so what now she need to do for this ,should she make complain or wait for any action from opposition party.
A couple of same-day appointments are available.
Hi Sonia..
Me and my husband don't get along. we have been living separately since 5 years. I have 2 kids. currently I live in Bangalore and he lives in Hong kong. travels to visit the kids. He has been a very big trouble. we have tried mutual consent divorce , each time he walks away after fighting. I have enough case to file for a domestic violence case or for a contested divorce. I am confused as to which is the right away without too much drama. I prefer a mutual consent divorce. his fear is I wld remarry.
pls advice.
regards
Lovina.
Yes, both spouses can be represented by one lawyer. feel fefr to write into me if any further questions. Lawlawyersonia@gmail.
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