Advocate Satakshi Sood

Questions Answered by Advocate Satakshi Sood

Q: How to apply for mutual Divorce

How will apply the mutual divorce ? what is the document required for mutual divorce ? and How much time it will teck ?

Advocate Satakshi Sood answered
Husband and wife can apply by filing a joint petition before the relevant court. The petition should have details of marriage as well as reasons for seeking divorce. The terms mutually agreed between parties should also be mentioned in petition. Documents such as ID cards of parties, wedding card and photographs would be required to show valid marriage had taken place. After this petition is allowed, parties have to wait for six months (this period can be waived off by filing application. But it is discretion of court to waive it ). After six months second joint petition has to be filed stating that even in the intervening 6 months the parties could not cohabit and therefore, divorce may be granted. The terms and reasons for divorce have to be reiterated. As such, it's likely to take about 7-8 months for whole procedure but can take lesser if application for waiver is allowed.

Q: How many years of separation can aid in an easy divorce

My brother is living saperate with my sister in law from past 1.5 yrs he want divorce..I have a question that how many years we required to stay saprate to get easy divorce Thanks

Advocate Satakshi Sood answered
The easiest way to get a divorce is to go for a mutual consent divorce where the husband and the wife together approach the court for dissolving the marriage. For filing this, you require 1 year of separation before filing of petition. Therefore, your brother is eligible to file a divorce by mutual consent.

Q: What to do my brothers are not giving my share

My father and mother have passed away we are total 5members iam 3rd daughter and rest are brothers my father has a property his will is equally share to all after he passed away it was regestired on all members it's combined property now but my brother's are not giving my part in that property they are not showing the document to me but it was registered on all 5 members when my father passed away if I ask them that are saying that they will sell the document to pan barrower or take money from pan brokers on this property they are not ready to share it at any cost so what should I do how can I take my share they are keeping the document s with them please help me

Advocate Satakshi Sood answered
You should immediately file a Suit for partition and declaration before the relevant court. In the suit you can file an application for production of documents and get a direction from court as per which your brothers will have to produce the will. If you delay it then the chances of them doing something adverse are higher. Therefore, it is advised that you act fast and approach court at the earliest.