Is divorce is possible mutually with in 6 month of marriage?
Hi please assist me about mou ..mutual consent divorce with in 6 months of our marriage as i was married in nov 2014 which is not registered as nw we mutally agreed to get seperated and so on my inlaws insisting for signing divorce out of court (mou) .please assist is that possible ?and what is d procedure ?wat are the things which should mandatory in doing .so that their would not b any hassel in both our life.please assist
Mou is not legally valid . you have to file a divorce petition mutually in court under section 13B(1) alog with an application for waving of the statutory period of one year . only court can grant divorce and severance of relation takes place after passing of decree of divorce. .
Advocate Ashok Kumar JhaMayur Vihar 1, Delhi
Hi, divorce cannot be obtained within one year of marriage. You will have to wait till you complete an year of your marriage. After completion of the said period, you can file a petition in court along with decided terms enumerated in MOU. This is called 1st motion. The Court if convinced, would pass an order in the same and thereafter you will have to wait for another six months before you file the 2nd motion which will conclude the divorce.
Advocate Kanika BhutaniPunjabi Bagh (West), Delhi
The mutual consent divorce usually takes place in two motions and six months.The process is a follows:
- Both parties sit together and enter into a settlement.
-petition for first motion is filed in court. Court will ask parties whether they want to seperate. if yes statement is recorded and cooling period of six months is given.
- after six months Parties jointly file second motion of divorce and after statements divorce is granted.
The catch here is both parties should be living seperately for one year before filing first motion divorce petition. In your case that time is not over but as your marriage is not registered you can manipulate the marriage date a bit.
Ps: The above information may not be taken as the course of action i suggest but parties often do that.
Advocate Sonia SainiDwarka, Delhi
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