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What is the procedure for filing divorce after 9 years of separation
15-Feb-2023 (In Divorce Law)
My Brother and Bhabhi are living separately since April 2008. My brother had filed for divorce in 2012 in Ahmedabad district court but later it was transferred to Jabalpur court as per the demand of bhabhi. They have a daughter 8 yrs old who is with my Bhabhi. we are wanting to get divorce but my bhabhi' family don't want to give. Finally get tired this month my brother withdrew the case. Can't we be granted divorce after 9 years of seperation??
You can opt for mutual consent divorce.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filled also called first motion and after six months, which is referred as second motion.
After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.
You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filled also called first motion and after six months, which is referred as second motion.
After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.
You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Why your brother withdraw the case. Kindly share the case papers So that proper legal advise can be given. .
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Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
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Yes your brother can obtain a decree of divorce by filing another petition of divorce on the subsequent change of event before the court. Pleading thereby that the earlier divorce petition has been withdrew because to give another chance to each other for reunion which fails subsequently and now as there are no chances to live together. As per law one year of separation is enough to obtain decree of divorce and in your case already 9 years have lapsed
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