Court marriage done but living separately, how can divorce be filed?

586 votes

If you are looking for mutual divorce, after filing u will get hearing date after 6 months and you can get divorce.

If contested divorce then it will take time.

File a maintenance case too if you want maintenance.

Advocate Aveek Bose LawRato

542 votes

Hi
I read your matter very carefully I want to discuss the total matter and suggested you to file divorce case or suspension of marriage or cancelliation application.

Everything is taken care by me and my team.

Advocate Mita Banerjee LawRato

672 votes

Let me tell you at first that the information given by you is incomplete let me first know that whether the registration has been done in accordance with Hindu Marriage Act or special Marriage Act
Secondly let me tell you that there is no where I can know from your question that whether you are a male or female, Whatever, if your other side also wants divorce then you can file a mutual divorce petition before the District Judge of your district having ordinary original civil jurisdiction, that will take a minimum period of 6 months and a maximum period of 18 months
For the next remedy I would like to tell you that if the marriage is registered under special Marriage Act and the marriage is not consummate within one year from the date of marriage or the date of registration then you have a remedy to file a suit for nullifying the marriage.
It is also noteworthy to mention here that if there is a scope to nullify the marriage don't file any suit for getting a decree of divorce there is a difference between nullity of marriage and decree of divorce

Advocate Bibaswan Mukherjee LawRato